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I was a witness to race discrimination. Is this considered whistle blowing if I report this to the EEOC? What rights do I have?

Aurora, CO |

Three individuals were selected to interview for the positon of my superior. One of these individuals did not meet the minimum qualifications of the position. The other two candidates did, they were both African American. Only the candidate that did not meet the minimum qualifications was allowed to appear before the interview committee. The two African American individuals were not allowed to proceed in the interviewing process, both described as, "not being a good fit." The committee didn't know what the minimum qualifications were. As asked, I cited factually this individual did not meet the minimum qualifications. I have been facing severe threats of consequences if I did not support the individal selected. Lack of support on my part has never been made by me.

Please help......

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Attorney answers 4

Best Answer

I would add that for Title VII protection you have to engage in a protected activity. Here, opposing what appears to be unlawful discrimination (you don't have to be able to prove that it WAS discrimination just that you opposed it and suffered retaliation) would be considered the protected activity. However, did you tell them you think they were acting in a discriminatory manner? Or did you just note the person wasn't qualified?

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.

Justin G. Randolph

Justin G. Randolph


Also, when did this take place?


If you believe you have faced retailiation for reporting employment discrimination in violation of Title VII, the retaliation also violates Title VII. You should sit down with an employment discrimination attorney to discuss your rights

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


You should meet with an attorney immediately, if you being retaliated against. It doesn't sound as if you've "blown the whistle" yet, and you should be guided accordingly.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


You might want to go back through your post and ask yourself whether for EACH element or component of what you have reported here, do you have personal and complete knowledge? It is not uncommon in these situations for the purported whistle-blower to know less that s/he thinks s/he knows, or to be operating on the basis of second-hand (or further) information, or to be uninformed about current fine distinctions and decisions that alter the situation. Where that is the case, it can undermine the whistle-blower's platform of alleged protected activity and the loss of the premise can spill forward and cause there to be no (or lesser) legal protections applicable for the whistle-blower. So, consult with an attorney and run the detailed itemized check, for your own sake.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.