Legal Question in Employment Law in California
Major bank terminates me after racial slur
I was working at a major bank as a Customer Services Manager I. Above me is a CMS II and Branch Manager/Vice President position. After being a CMS I for about 18 months, and meeting/exceeding the performance standards, on the urging of my Branch Manager/Vice President applied for a CMS II position as it opened upon my co-worker moving out of state. While my application was pending, I assumed the functions and responsibilities of the CMS II position. Some eight months later, we received a new CMS II at our branch. My Mgr was very upset as she'd requested I be interview for the job on numerous dates. Within one month of the new CMS II coming in, I was ''terminated'' for a single incident of ''horseplay'' involving a co-worker I am good friends with; this person did not complain about me, rather the new CMS saw our horseplay, called HR, said he was ''scared'' of me, and HR imposed the ''zero tolerance'' rule on horseplay, an option, not requirement, and termianted me. Folowing the horseplay, the new CSM II said made a comment I was ''too ghetto anyway'' meaning, ''too ghetto'' for him to work with. I am a 47 yr old black female,the CSM II is 22 yr. white male. Should I sue for wages not rec'd as CSM II and racial epithets?
2 Answers from Attorneys
Re: Major bank terminates me after racial slur
Naturally, terminating or denying a promotion to an employee due to racial prejudices or steroetypes is illegal. The trick is in trying to prove that is the motivating reason for the adverse employment decision. You, as the complaining employee, have the burden of proving the case. The comment made by the manager is evidence of his mindset but whether it is enough must be factored in with all of the other facts and issues of your case.
You should meet with an experienced employment law attorney in your area to evaluate the evidence and help you determine what options you may have. You could also file a discrimination complaint with the California Department of Employment and Housing within one year of the date you were denied the promotion or with the Equal Employment Opportunity Commission within 300 days of that event.
Re: Major bank terminates me after racial slur
If you can somehow prove the comments made about 'ghetto', then you have a claim for discrimination. Feel free to contact me to discuss the evidence and procedures, if interested in getting experienced counsel to protect your rights.
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