What grounds do I have to sue my employer? What steps should be taken?

Asked over 1 year ago - Savannah, GA

I have been with my company for a long time... I am the only person of my race that is a permanent employee. I have been overlooked for promotions (ironically given to ones who have been there less time than myself and aren't willing to work), given the run around in several situations, cut out of OT, deprived of proper training, told by my employer that the position I'm in is preferred by them for me to remain... I'm not happy, stressed out, upset that I passed up a position paying more than double because of the chances for advancement the company presented to me, I have to quit this job before my work begins to reflect how I feel. What are the necessary steps to take? I have been keeping documentation, and I have spoken to my employer to see what can be done, but to no avail.

Attorney answers (1)

  1. Kevin Dwyer Fitzpatrick

    Contributor Level 8

    Answered . Assuming your employer has at least 15 employees, it would be illegal for it to discriminate against you on the basis of your race. You would have to show that you are qualified for the promotion you are seeking, but that employer consistently promotes less qualified junior employees of a different race. The employer would then be require to show that it had a legitimate non-discriminatory reason to make the decisions that it made. it is the same thing with the OT opportunities, you would have to show that you were qualified and available but that the employer consistently gave the opportunities to persons of another race.
    These are complicated and difficult cases to bring, You would be benefitted by a consultation with an employment lawyer, who could help you sort out whether or not you had a case that was likely to succeed. www.nela-ga.org is a good source for employment lawyers in Georgia. Good luck.

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Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Employee rights

Employee rights in the United States include receiving legal and agreed-upon wages, working in physically safe conditions, and being free from harassment.

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