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Should I make a complain to EEOC for religious and racial profiling / harrassment?

Troy, MI |

Last week, I have been removed for my office (separate room) to a cubicle (in a noisy corner) citing space issues. The person replacing me in the room has more or less the same job responsibilities as mine. Although my boss knew I cant work properly in a noisy/disturbing neighbourhood and thats the reason I was alloted that room few months ago from a previous desk. I requested my boss to let me work from home, if he has space constraint - I was denied! I believe I'm cornered and efforts are underway to make me counter productive so I leave the job.
Secondly (this week), I wasn't taking lunch break (company rule - employee 'must' take 30 mins off during a working day) due to fasting (Holy month of Ramadhan) and my salary has been deducted (@30min/day). Isn't it religious profiling?

I was also denied to have any expectation on career development (means no raise and work at present pay rate for as long as you can, politely). Although its company practice they raise certain amount from base salary when you pass a tier (and I passed few) but no raise was given and its not into the contract either. Similarly there has been few incidents in the past where I was judged and mis-qouted and harrassed (for example, I was told I leave for lunch everyday for 2 hours _ which is absolutely rubbish because even if I go out, I goes only with a particular colleague and he was not questioned ever, neither his salary was deducted as mine @30min/day). I do have another job offer but at this point I'm not sure what to do with this employer?

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Attorney answers 3

Best Answer
Posted

Take the job offer. These cases are extremely hard to prove and based on your facts presented you may be at the edge but only the edge. I see no religious discrimination here based on your facts. The company can demand that you take a break every work day and just because you decided to work through yours because you were fasting does not entitle you to be paid unless you got prior permission. You could have easily taken this time to pray instead.

Asker

Posted

Updated: 8/21/13 - Yesterday, I was away from my desk to take a personal call and when I came back my laptop was removed from my desk. Upon inquiry I came to know that a senior person has asked IT people to take into custody. Later that day, I was interrogated for soiliciting employees to work for another company (which is a baseless accusation). I denied. I was advised to resign asap. (Note that I verbally have given them the notice to leave the job by the end of this week) so why this all ever happened? W 1- While employment 'at will' means they could just have terminated me without any explanation why they asked me for resignation? 2- My one year contractual obligation for 1 year started 8/21/2012 - for which if I leave company can ask me to pay for any training they have provided 3- After 1 year, per company rules - employee is eligible for 1 week vacation time period which if he leaves or terminated is encashable... I'm not sure if the above acts is considered as 'workplace psychological harrassment' because time and again I have been through this humiliation... just for one reason (assuming) that I resign myself. Need some advice asap

Posted

I agree with Mr. Carter. Are there any other behaviors that your managers/supervisors engage in that makes you think you're being treated differently because of your religion?

My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship, nor is my response to your question to be considered legal advice. While I do my best to provide helpful responses given the factual scenario presented, proper analysis of any matter requires a more in-depth conversation than what is practical on Avvo. If you are a member of the military, or if an immediate family member of yours lost his or her life while fighting for our country, I am proud to offer a 10% discount on my fee.

Asker

Posted

Updated: 8/21/13 - Yesterday, I was away from my desk to take a personal call and when I came back my laptop was removed from my desk. Upon inquiry I came to know that a senior person has asked IT people to take into custody. Later that day, I was interrogated for soiliciting employees to work for another company (which is a baseless accusation). I denied. I was advised to resign asap. (Note that I verbally have given them the notice to leave the job by the end of this week) so why this all ever happened? W 1- While employment 'at will' means they could just have terminated me without any explanation why they asked me for resignation? 2- My one year contractual obligation for 1 year started 8/21/2012 - for which if I leave company can ask me to pay for any training they have provided 3- After 1 year, per company rules - employee is eligible for 1 week vacation time period which if he leaves or terminated is encashable... I'm not sure if the above acts is considered as 'workplace psychological harrassment' because time and again I have been through this humiliation... just for one reason (assuming) that I resign myself. Need some advice asap

Mickey David Larson

Mickey David Larson

Posted

It sounds like you might have a valid claim for something, even if it turns out that it's not for discrimination. The first thing you need to do is file a charge with the EEOC, but you really should have an attorney look over your charge before you file. Information regarding how to file a charge can be found here: http://www.eeoc.gov/employees/ howtofile.cfm . Even if you choose not to file a charge, you really should have an attorney look into your situation. I hope this helps. Take care. Mickey Larson WWW.MICKEYLARSONLAW.COM (616) 606-LAW6 (5296)

Asker

Posted

Can I be advised what's the process for contacting lawyers or what kind of fee / compensation they would be required. Can you email me at kzengineered@gmail.com

Mickey David Larson

Mickey David Larson

Posted

Absolutely. I'll be back in the office in about an hour, and I'll e-mail you then. Take care.

Posted

I wrote an article about religious discrimination and in the context of Ramadhan and a link to that article is below.

You question raises a number of areas of concern and some areas that probably would not rise to the level of unlawful discrimination. But both should be discussed with an employment attorney. However, in my experience as an employment lawyer handling these sorts of claims, if you can avoid the uncertainty and frustrations that come with litigation because you have another job offer that is equal or better than your current situation, it is better to accept the offer and the certainty of having a job. Please note, however, that resigning from your current position may make it difficult if you were to later decide to file suit for unlawful discrimination, but that is something you would need to discuss with an attorney. Best to you going forward.

I'm licensed to practice law in Michigan (www.shinnlegal.com). My response is provided only to educate the public about general issues that should be discussed with competent legal counsel in your state. Under no circumstances should you consider my response as a substitute for consulting an attorney in order to fully understand how the law may apply to your specific and unique circumstances.

Asker

Posted

Updated: 8/21/13 - Yesterday, I was away from my desk to take a personal call and when I came back my laptop was removed from my desk. Upon inquiry I came to know that a senior person has asked IT people to take into custody. Later that day, I was interrogated for soiliciting employees to work for another company (which is a baseless accusation). I denied. I was advised to resign asap. (Note that I verbally have given them the notice to leave the job by the end of this week) so why this all ever happened? W 1- While employment 'at will' means they could just have terminated me without any explanation why they asked me for resignation? 2- My one year contractual obligation for 1 year started 8/21/2012 - for which if I leave company can ask me to pay for any training they have provided 3- After 1 year, per company rules - employee is eligible for 1 week vacation time period which if he leaves or terminated is encashable... I'm not sure if the above acts is considered as 'workplace psychological harrassment' because time and again I have been through this humiliation... just for one reason (assuming) that I resign myself. Need some advice asap

Jason Matthew Shinn

Jason Matthew Shinn

Posted

I appreciate the updated information, but if you are looking for legal advice specific to your situation, you should consider directly contacting an attorney and not rely on a public Q&A site. The information that I provide here (like most attorneys) is really intended to be a public service to give an overview of legal issues related to a questioner's inquiry. Ideally, you can you use that overview in discussing your question with an attorney. But it is not a substitute for legal advice and should not be considered legal advice.

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