Favoritism- enough to file EEOC?

checko12

checko12

New Member
Jurisdiction
California
Hello all,
I have worked with my company for over 20 years but have transferred over into a new dept about 2.5 years ago. Seniority is the law of the land at my company and because Ive been with them so long, I've become more senior than some people who have been in the dept longer than me. That being said- I noticed my manager much more lenient with the older employees- the less senior person is to float to another dept if there is a shortage there- she has, on several occasions, tried to get me to do this even though it goes against union rules. She has tried to get me to change the way I submit vacation requests in an attempt to give these dates to someone else. She has given extra hours to less senior employees without offering it to everyone beforehand, and she has only spoken to me about clocking in ON the dot when everyone else can clock in early due to a grace period. Coincidentally, all of the other employees in my job classification are a certain race. The favoritism is absolutely palpable but I'd be lying if I also didn't say I felt as if this was a racial issue as well. I've brought this up to my union who has not been any help at all. Do I have enough to file a complaint through EEOC?
 
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Being the new person in the department (regardless of seniority) is not a protected class. Of course you throw in that the others are of a "certain race" (aren't we all?) but you know that isn't the reason for the treatment you are getting.
 
Zigner said:
Being the new person in the department (regardless of seniority) is not a protected class. Of course you throw in that the others are of a "certain race" (aren't we all?) but you know that isn't the reason for the treatment you are getting.
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No. To be honest, I don't know why I'm getting the treatment I'm getting. I keep to myself, do my job to the best of my ability, then repeat. I came on here for help and advice. If you'd like to expand on your answer please do-
That's the reason I came here to begin with.
 
I'm not seeing it unless your union is "in on" this favoritism. I think that is pretty much your only recourse and if they are unwilling to do much for you, I'm not seeing any other recourse. Maybe look at transferring back to your old department?
 
hrforme said:
I'm not seeing it unless your union is "in on" this favoritism. I think that is pretty much your only recourse and if they are unwilling to do much for you, I'm not seeing any other recourse. Maybe look at transferring back to your old department?
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I have been to my union regarding this. Several times. There are clear violations that have gone against contractual language but they will not get involved. I am past the window of opportunity to go back to my old dept. I guess my only option is to transfer out. Thanks for the input.
 
checko12 said:
I'd be lying if I also didn't say I felt as if
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Feeling isn't fact. It could be a coincidence. Maybe it's neither your age nor race; maybe she just doesn't like you.

What you describe isn't an EEOC issue; I concur with hrforme.

My advice is to try and be pleasant as possible, while you document, document, document the "clear violations of contractual language" in a non-judgemental factual way. date, time, incident (concisely).
 
Zigner said:
Being the new person in the department (regardless of seniority) is not a protected class. Of course you throw in that the others are of a "certain race" (aren't we all?) but you know that isn't the reason for the treatment you are getting.
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I never said being new should be protected. If you read my post I mentioned seniority plays a key role through the way things are decided upon and there have been violations of that which I can prove. And yes, I did mention race because that's the case in this situation. You seem to have feelings about that for some reason.
 
checko12 said:
I've brought this up to my union who has not been any help at all.
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That's a bit vague. What exactly to you mean when you say you "brought this up" with your union? Did you discuss it with your shop steward and specifically tell that person to you want to formally grieve the issue with the employer? If not, exactly what did you do?
checko12 said:
Do I have enough to file a complaint through EEOC?
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You may file a compliant with the EEOC. But the more important question is do you have enough evidence (or can your lawyer get it through discovery) to convince a jury that the employer engaged in illegal discrimination? There is not enough information here for me to make a determination on that. Bear in mind that most complaints filed with the EEOC do not result in the EEOC taking any action itself. What most employees recieve is the "right to sue" letter from the EEOC that verifies you met the statutory requirement to do the EEOC complaint first before suing the employer in court. Whichever way the EEOC goes, you want the complaint to be well written because that's going to be the starting point for the lawsuit. I suggest you see an attorney (or two) in your area that handles employment discrimination cases and see what their opinion is regarding how strong your case is. In general, at least in my state, that initial consultation is free.
 
The EEOC is completely unconcerned with contractual violations, or, for that matter, with generic favoritism.

Let me ask you this question before we go any further; how old are you, and how old are the ones whom you feel are being given preferential treatment?
 
The terms of your union contract matter a great deal, too. For example, how does it define seniority? Is it based on your total time in the entire company, your time in a particular division/department, or some blend of each? You may have more total years with the company but it appears that you are the new person in your new office. Depending on how its defined you might have the least amount of seniority where it counts.
 
Tax Counsel said:
That's a bit vague. What exactly to you mean when you say you "brought this up" with your union? Did you discuss it with your shop steward and specifically tell that person to you want to formally grieve the issue with the employer? If not, exactly what did you do?

You may file a compliant with the EEOC. But the more important question is do you have enough evidence (or can your lawyer get it through discovery) to convince a jury that the employer engaged in illegal discrimination? There is not enough information here for me to make a determination on that. Bear in mind that most complaints filed with the EEOC do not result in the EEOC taking any action itself. What most employees recieve is the "right to sue" letter from the EEOC that verifies you met the statutory requirement to do the EEOC complaint first before suing the employer in court. Whichever way the EEOC goes, you want the complaint to be well written because that's going to be the starting point for the lawsuit. I suggest you see an attorney (or two) in your area that handles employment discrimination cases and see what their opinion is regarding how strong your case is. In general, at least in my state, that initial consultation is free.
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Yes. I messaged my shop steward and gave them dates on when these violations occurred. I have told them I want to formally file a grievance. I received one reply from my shop steward that they would be looking into the matter. I have not heard from the steward again since so I messaged the contract specialist and several stewards about this issue as well numerous times. No replies from neither. It has been close to 1 month now. Several unanswered emails and text messages.

Also, Seniority is determined by how long you have been in the company- not the dept. There is a seniority list that is kept on file for anyone to view. It shows I am more senior.
 
cbg said:
The EEOC is completely unconcerned with contractual violations, or, for that matter, with generic favoritism.

Let me ask you this question before we go any further; how old are you, and how old are the ones whom you feel are being given preferential treatment?
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I am over 50. There are 4 indviduals I believe are around the same age as myself. There are 2 individuals that range in age from late 20's to 30's.
 
There is no possibility of illegal discrimination regarding the ones who are the same age as yourself.

What EVIDENCE do you have that but for your age or your race, you would have been treated differently than the younger members of your team, or those of a different race?

Keep in mind that seniority within the company and seniority within the department or on a team do not equate to each other. If you are the newest within the department then unless your union CBA is written specifically to address this, you actually have the least seniority even if you have been longer with the company.
 
cbg said:
There is no possibility of illegal discrimination regarding the ones who are the same age as yourself.

What EVIDENCE do you have that but for your age or your race, you would have been treated differently than the younger members of your team, or those of a different race?

Keep in mind that seniority within the company and seniority within the department or on a team do not equate to each other. If you are the newest within the department then unless your union CBA is written specifically to address this, you actually have the least seniority even if you have been longer with the company
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"There is no possibility of illegal discrimination regarding the ones who are the same age as yourself."
Really? Why? The one that's the same age as me called me a racial slur on a zoom video call in meeting that everyone heard. I have already filed this with compliance, HR, and my union WITH witnesses. There has been nothing done to this employee and my manager refuses to speak with me about it even though she herself was present for the meeting. The union refuses to reply to my messages.

My union CBA specifically states that seniority begins from the date you are hired and follows you so long as you stay in the same bargaining unit in good standing. Again- there is a seniority list in the dept that is updated when new hires come on board. It shows that I am more senior than some of the employees who have been in the dept longer than me.
 
cbg said:
There is no possibility of illegal discrimination regarding the ones who are the same age as yourself.

What EVIDENCE do you have that but for your age or your race, you would have been treated differently than the younger members of your team, or those of a different race?
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One of the individuals I work with sent me screenshots of an email between these younger workers and my manager conspiring to give me less hours, making fun of my race, and standing allegiance to make tings hard for me at work. Does this count?
cbg said:
Keep in mind that seniority within the company and seniority within the department or on a team do not equate to each other. If you are the newest within the department then unless your union CBA is written specifically to address this, you actually have the least seniority even if you have been longer with the company.
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Zigner said:
Being the new person in the department (regardless of seniority) is not a protected class. Of course you throw in that the others are of a "certain race" (aren't we all?) but you know that isn't the reason for the treatment you are getting
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Goodness. I had expected to hear something from Mr High and Mighty Message Board member. You try getting called 'Peckerwood, cracker, nazi, white supremacist, colonizer, faggot" throughout your shift while you're passing people by
 
checko12 said:
Goodness. I had expected to hear something from Mr High and Mighty Message Board member. You try getting called 'Peckerwood, cracker, nazi, white supremacist, colonizer, faggot" throughout your shift while you're passing people by
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Sounds like a hostile work environment. You may have recourse through the State of California.

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING WORKPLACE HARASSMENT PREVENTION GUIDE FOR CALIFORNIA EMPLOYERS

The above link is the employers guide. It will tell you what your employer must do to resolve any complaint of harassment or discrimination.

This is the Statute that is the law.

California Code, Government Code - GOV § 12940
(k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.
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checko12 said:
There is no possibility of illegal discrimination regarding the ones who are the same age as yourself."
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Pardon me. I misspoke. I reworded the post a few times and left out, there is no possibility of illegal AGE discrimination regarding the ones the same age as yourself. Thank you for catching the inaccuracy.
 
checko12 said:
Goodness. I had expected to hear something from Mr High and Mighty Message Board member. You try getting called 'Peckerwood, cracker, nazi, white supremacist, colonizer, faggot" throughout your shift while you're passing people by
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I responded based on the information you gave. None of this was included in your original post.

Your rudeness shines clearly through, and I expect it may have a part to play in the treatment you are receiving.
 

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