Legal Question in Discrimination Law in California

I feel that I have been discriminated against. Intentional or unintentional I dont know. I have recently been assigned to work in a very dangerous gang infested part of town. This is my second time in 6 years having to do so and it is very stressful. The feeling I get with everyone is that as long as they don't have to work there they could care less about the person assigned there. My department has over 100 employees and most have never worked this area. Some have never been rotated for over 10 years. What do I need to do or have to build my discrimination case? I want to see that EVERYONE at one time or another works in this dangerous area not just a select few.


Asked on 11/24/11, 10:07 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

That is not a basis for a charge of illegal discrimination. It may be poor management style, but the employer can decide who works where. If you had a branch office in Paris, do you think that everyone should have the opportunity to work there?

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Answered on 11/24/11, 11:49 am
Terry A. Nelson Nelson & Lawless

You gave no indication of facts supporting a 'discrimination' claim. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be hired, disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if the conduct was illegal under those definitions, feel free to contact me for the legal help you�ll need.

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Answered on 11/25/11, 3:30 pm

Unless you are chosen for this duty based on race, gender, religion or other protected classification, while white males never have to go there, you have no case. Discrimination between employees is perfectly legal as long as it is not based on race, or other protected classification.

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Answered on 11/28/11, 10:48 am


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