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"I hate all f* black people" (Employment & Labor Law)

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• Thu, 23 Mar 2006 18:18:00 GMT(1)
• Yes, it is illegal to discriminate on the basis of race. But by your own description, that is not what is happening here.
• Sat, 25 Mar 2006 09:19:00 GMT(2)
• OSHA is not involved in the type of situation you are describing. You are quoting the regulations out of context. OSHA requires that you have a physically safe environment, not necessarily one devoid of stress.
  
  If you do not like the advice you are receiving you are free to ignore it. We can only advise you based on the few details that you have shared and nothing you have chosen to tell us points to physical threats against you nor anything that is based on race. There very well be more to the story but convincing us isn't going to change anything. You are welcome to take your claims to a lawyer and pursue it from that angle. Just be sure to provide the deatails to that person as they can not help you without the full story.
  
  If the job is causing you as much destress as you claim, by all means, apply for jobs elsewhere. Staying put gives you nothing to gain and your health isn't worth it no matter what. I feel the same as you. I hope that she/he can narrow this thing down!
• Mon, 27 Mar 2006 09:51:00 GMT(3)
• And I think the usefullness of this thread has come to an end.
• Sun, 26 Mar 2006 12:20:00 GMT(4)
• That's what attorneys you pay for are for.
• Fri, 24 Mar 2006 22:11:00 GMT(5)
• OHSA is definitely involved in this situation, I was rushed to the ER, and therefore my environment is not a safe place for me. In Section 5(a)(1), provides that "each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. This employee has threatened to harm me, threats are illegal. In response, I am 25 years old; the company that I am working for gave me a score of 385 out of 500 on my evaluation, soon after I was demoted. My productivity was amazing and I have also remained professional even until this day. Before I was demoted I had contributed many ideas and a general format to increase the production of the department. If you notice in my thread, I have been retaliated against because of recognizing a sexual Harassment situation in my department. If I would have never mentioned anything about this behavior,[ I would not be seeking for advice about this very situation.][ I have been verbally threatened by a co-worker and it is racially based. My company has chosen to not [/COLOR] recognize my complaints and has purposely chosen to make this a little hard. It has become blatant because everyone elses complaint gets handled immediately and it has been a little over 8 months for this situation. I do not feel safe in my environment because of this person's threats and behavior towards me, and because of that my life is in danger. I believe the company would enjoy it if I quit voluntarily, it would make it a lot easier. However, I have consulted the state and so far it sound like I may have a case. If they have followed through with a disciplinary act, it was not effective because the work environment is still a safe hazard. I would suggest that a few of you read more into the situation and study your labor laws a little more. ;) ARE YOU SURE OF YOUR SITUATION? HOW CAN YOU SITE CODES, BUT YET ASK FOR HELP. As i read your comments it seems that you are two people! Check your verbage, it is very strange and inconsistant! In addition, are you unsafe or is everyone unsafe working there also?
• Sat, 25 Mar 2006 08:26:00 GMT(6)
• OSHA is not involved in the type of situation you are describing. You are quoting the regulations out of context. OSHA requires that you have a physically safe environment, not necessarily one devoid of stress.
  
  If you do not like the advice you are receiving you are free to ignore it. We can only advise you based on the few details that you have shared and nothing you have chosen to tell us points to physical threats against you nor anything that is based on race. There very well be more to the story but convincing us isn't going to change anything. You are welcome to take your claims to a lawyer and pursue it from that angle. Just be sure to provide the deatails to that person as they can not help you without the full story.
  
  If the job is causing you as much destress as you claim, by all means, apply for jobs elsewhere. Staying put gives you nothing to gain and your health isn't worth it no matter what.
• Thu, 23 Mar 2006 16:38:00 GMT(7)
• Might I suggest that you remove the rather inappropriate phrase from the title? You can ask your question without it, and without offending those who happen by.
  
  If this person was your employee and you were her manager, why didn't you do something about it? You managed her yet did nothing to reprimand her or even put her on notice that her behavior would not be tolerated. Not to sound harsh, but if I had a manager that was so overwhelmed by managing their employee's behavior, I would think twice about keeping that person in a management position. If one of my direct reports started suggesting I quit, or started spreading malicious rumors, they would not be my direct report, or anyone else's for very long.
  
  While this person seems to have a few screws loose and isn't acting very professionally, I don't see where anything is blatantly illegal. Her behavior by your report is based on the fact that she wants your job and there is some sort of rivalry between you. That isn't illegal, it's just petty and unprofessional. The racist comment in and of itself isn't illegal as it was a one time utterance, and she has no position of authority over you. Don't get me wrong, I would have certainly not have swept it under the rug or dismissed it, but it isn't illegal that your employer did not. I have no idea why the other managers or HR or whomever haven't addressed it (assuming they actually haven't addresed it and you just aren't aware). It sounds like HR isn't onsite or easily accessible if you have to write to them rather than walking down the hall to speak to them in person. Is there a more senior manager who is on staff that you can approach?
  
  If this workplace is affecting your health, I'd seriously consider looking for jobs elsewhere. No job is worth sacrificing your health.
• Fri, 24 Mar 2006 08:10:00 GMT(8)
• If HR is protecting there company than my safety is not important. I'm sorry but when your life is being put in danger and the company chooses to ignore your case because of your ethnicity, we may have a little problem.
  
  I complained of being a witness to sexual harassment to my HR director in person, it was not handled appropriately. missladycc/ California
  
  How is your life being put in danger? Nothing you shared indicates there is an immiment threat of violence or risk to your safety. This employee may be in desperate need of a lesson in how to conduct oneself in a business setting but rumors, sprinkling sand and lighting candles is not putting your life at danger.
  
  This is the first that you have mentioned sexual harassment. What happened? When? And are you sure nothing was done? Often these investigations are kept quiet and employees are not informed of the steps taken against a perpetrator.
• Fri, 24 Mar 2006 22:21:00 GMT(9)
• Knot, her story was clear from the first posting. She was given very clear answers. First off, i'm not saying that she has no case, it is just so ambiguous! I have never heard of a manager with no recourse. In addition to that, it is my opinion that she isn't educated.... in managerial matters...that is!
• Thu, 23 Mar 2006 18:29:00 GMT(10)
• By my own description it sounds like there may be a problem, if it's not discrimination it's OSHA, I don't think the law does not protect people aginst situations like this. It's just finding the law that protects you and the people around you. The entire staff is a little shaken up and suprised that the company has yet to fix this situation. It is grievous that people have to experience behavior in this form.
• Fri, 24 Mar 2006 03:39:00 GMT(11)
• OSHA? :confused:
• Sat, 25 Mar 2006 14:59:00 GMT(12)
• I'm sorry but this has been the same person from the beginning of the thread until the end. I am just flabbergasted of the response that I have received. It is disappointing that people of a more professional out look on the work force can render little or no help in the matter. It seems as if everyone is reading half of the thread and not the entire situation. However, as stated earlier this is physical not stress, stress is when you have mentally exhausted your self from a situation. The threats have been made directly towards me but there are others that are fearful as well. This is clearly a matter that OSHA is looking into as we speak. After the response I received, I chose to seek other advice that was not superficial. In addition, I was not aware of most managerial function; I can't argue with that....I was in a learning process. I was not able to receive an equal opportunity to advance or succeed in that area. It's now not a question any more if the advice given was right or not, it has already been determined by the state and professionals that believe in supporting the rights and enforcing the labor laws of the people. In stead of challenging my intelligence it would be helpful is you would alter your state of mind to identify with the person that has the problem. If you were here, I believe you would fight to have this situation fixed immediately and if not your day will come someday. :cool:
• Fri, 24 Mar 2006 05:45:00 GMT(13)
• How long have you been with this company, when did you become a manager, how old are you, what exactly was your title and duties before you were demoted?
  Just curious, what would answers to these questions have to do with the OP's issue?
• Thu, 23 Mar 2006 16:36:00 GMT(14)
• You can call 800 884-1684 or go to www.dfeh.ca.gov to file a report through them. They are a neutral fact finding agency in CA who investigates claims of harassment and/or discrimination. Very sad situation, but you should take immediate action. They can even deal with your demotion. Of course, the company will have a chance to respond and provide any documentation or supporting information to defend their position, but it won't be a pleasant experience for them. Also, the FEHA (Fair Empl & Housing Act) does not allow for retaliation based on a complaint, so if that happens you can file additional action against the company.
  
  Best wishes. :eek:
• Thu, 23 Mar 2006 17:44:00 GMT(15)
• In fact my first attempt was to reprehend her. If you read a little closely, she was in favor of my director which prevented me from taking appropriate action towards her for her behavior. I had even complained to the Hr director in person about his behavior as well as her behavior. I created a paper trail to protect my self. If HR is protecting there company than my safety is not important. I'm sorry but when your life is being put in danger and the company chooses to ignore your case because of your ethnicity, we may have a little problem. I know I mentioned this in the other thread but I'll say it again, other employees had experienced something similar and it was handled immediately. It has been over seven months and nothing has been done. I complained of being a witness to sexual harassment to my HR director in person, it was not handled appropriately. My title sounds blunt, but that is what I experience and how I choose to express what happened to me. The only person that should be offended in this case is I. Is it illegally to discriminate because of race, I have watch my Latino friends go in once with a complaint and come out with an answer. I have gone in five times and I still don't have an answer. Im not being treated right in this situation.
  
  missladycc/ California
• Mon, 27 Mar 2006 09:10:00 GMT(16)
• maybe the candles trigger an osha violation?! failure to provide fire safety equipment, open flames, etc.
  
  Seriously, osha is not what you want or need. Hostile work environment maybe. disrcimination maybe. unsafe work environment (osha) in the sense of lack of physical safety devices, safety codes, etc. is very unlikely.
  
  go thru the eeoc or state equivilent. Not sure if you have something, but have at least something in the direction of a claim. Maybe the whole claim. You may also want to consult an attorney. This board tries to provide general answers to point you in the right direction or flat out tell you there is nothing. We cannot provide final answers.
  
  curt j.
• Fri, 24 Mar 2006 10:43:00 GMT(17)
• Knot, her story was clear from the first posting. She was given very clear answers.
• Fri, 24 Mar 2006 05:21:00 GMT(18)
• By my own description it sounds like there may be a problem, if it's not discrimination it's OSHA, I don't think the law does not protect people aginst situations like this. It's just finding the law that protects you and the people around you. The entire staff is a little shaken up and suprised that the company has yet to fix this situation. It is grievous that people have to experience behavior in this form. How long have you been with this company, when did you become a manager, how old are you, what exactly was your title and duties before you were demoted?
• Fri, 24 Mar 2006 08:44:00 GMT(19)
• Missladycc, I think you should start over with your story! It is ambiguous. To give you the benefit of doubt, yes, you should start over telling it! There are attorneys reading this thread that might can give you better direction if you were a little more clear. For example, when you were in management, did you recieve evaluations, and if so were they positive? Are the rest of the management team... or should i ask, has the team been friendly towards you?
  Does the upper management promote excellence? Without knowing details it can be hard for a stranger to conceive your position, Let alone a attorney!
  Try being precise with your explainations!
• Fri, 24 Mar 2006 05:16:00 GMT(20)
• There is nothing in your post that even remotely triggers OSHA involvement.
• Fri, 24 Mar 2006 05:54:00 GMT(21)
• Just curious, what would answers to these questions have to do with the OP's issue?
  There is an answer to YOUR question.... but i am wondering why you ask?
• Fri, 24 Mar 2006 19:51:00 GMT(22)
• OHSA is definitely involved in this situation, I was rushed to the ER, and therefore my environment is not a safe place for me. In Section 5(a)(1), provides that "each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. This employee has threatened to harm me, threats are illegal. In response, I am 25 years old; the company that I am working for gave me a score of 385 out of 500 on my evaluation, soon after I was demoted. My productivity was amazing and I have also remained professional even until this day. Before I was demoted I had contributed many ideas and a general format to increase the production of the department. If you notice in my thread, I have been retaliated against because of recognizing a sexual Harassment situation in my department. If I would have never mentioned anything about this behavior, I would not be seeking for advice about this very situation. I have been verbally threatened by a co-worker and it is racially based. My company has chosen to not recognize my complaints and has purposely chosen to make this a little hard. It has become blatant because everyone elses complaint gets handled immediately and it has been a little over 8 months for this situation. I do not feel safe in my environment because of this person's threats and behavior towards me, and because of that my life is in danger. I believe the company would enjoy it if I quit voluntarily, it would make it a lot easier. However, I have consulted the state and so far it sound like I may have a case. If they have followed through with a disciplinary act, it was not effective because the work environment is still a safe hazard. I would suggest that a few of you read more into the situation and study your labor laws a little more. ;)
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