Q: What to do about HR dismissing my protected class concerns and reducing work hours?

A: First, if HR is not willing to communicate about your complaint in writing that is a huge red flag.

Second, the reduction in your hours is already an adverse employment action, so it appears that your employer is asking you to accept the discrimination that has already occurred.

Third, you should put together a chronology of key events with back-up evidence such as email, texts or witnesses, so that an attorney can assist you with evaluating whether you have enough evidence to pursue a claim.

A: I agree with my colleague's response that your employer's conduct is not entirely lawful here. At this point, I suggest you consult an employment law attorney for a more individualize assessment of your case, who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: Your situation suggests workplace discrimination and possible constructive dismissal, with HR's dismissive response and drastic reduction in hours being particularly concerning. The documented incidents, witness statements, and abrupt change in your work status after two years of positive performance create a compelling case worth pursuing further.

Consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state's labor department, as they handle protected class discrimination cases and can investigate without cost to you. You might also want to consult with an employment attorney who can review your documentation and provide guidance specific to California law, possibly through a free initial consultation.

In the meantime, continue documenting everything, including the unreasonable schedule change, the excessive commute requirements, and any communications suggesting you should be available without compensation. Request all communications in writing moving forward, and if you have conversations, follow up with an email summarizing what was discussed to create a paper trail that could prove valuable if legal action becomes necessary.