Do i have a case against my place of employment if i am being discriminated against for my sexual preference,my race,& gender?
4 attorney answers
Why do you feel that you are being denied these positions? It is discrimination if you can prove the reason is based upon one of the factors you list in your question. The fact that your boss may be a racist is not, by itself, proof of discrimination against you.
Also, remember that there is a very short time to file discrimination complaints. The EEOC has a 300 day limit, It appears that NJ has a 180 time limit. You need to speak with an attorney, the EEOC, and/or the NJ Division of Human Rights immediately, or you could be precluded from filing a claim.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
If you have proof that you were discriminated against because of you sexual orientation, race or gender then you have a potential claim. The fact that you did not receive the promotion is not in itself enough to prove discrimination. You may want to inquire about the position or formally apply for it. If you are denied the promotion then politely ask for the reason.
No one should have to suffer discrimination at work. If you have proof then please call a lawyer. The lawyer will help you to flush out the important facts and to determine whether your case is worth pursuing.
You can call any lawyer you want. Mention that you found the lawyer on Avvo and ask for a free consultation.
I hope you get the answers you need and the compensation you deserve.
Eric A. Shore
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.
Yes it is possible that you are being discriminated against. if you are doing work that is above your level without being properly compensated then that can be considered discriminatory also. Of course there are proof burdens that you must meet. You should meet with an employment law attorney to discuss your case. You should know that suing a current employer is a great way to get fired and increase negative tension at work, so you are also best advised to leave this job and find another if that is possible.
You would have to prove that the REASON for the lack of promotion was your sexual preference, race and gender, not just that you happen to be a member of those classes. You have not mentioned any action that says "this is discrimination", just that you happen to not have gotten a promotion that is posted.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.