Legal Question in Employment Law in Florida

being demoted

I believe I have been demoted from my salaried position and have to train my replacement soley because I am a hispanic man. I was told that the guy replacing me can save the company more money than me. At least 40%of my employees that were under me speak spanish and several of the clients speak spanish as well but today they basiclly tell me a white guy can save money better than me the hispanic guy. But since I have been in the position they have complimented me told me I have done a great job I have never been written up or had any bad mark on my record. And they want me to train this guy taking my job? And then put me back in a truck as a driver. Is this fair and how do I prove discrimination


Asked on 6/25/08, 2:34 pm

1 Answer from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: being demoted

If you believe the sole reason is because of your national origin, you should file charges of discrimination with either the EEOC or the Florida Commission on Human Relations. They are the federal and state agencies charged with investigating unlawful discrimination claims.

Proving discrimination is always difficult because you have to demonstrate intent. There are many avenues available to prove this intent, including how similarly situated employees are treated, whether there are reasonable comparators, whether there were statements made that suggest discrimination, statistical evidence and others. You should consult an attorney, but usually the attorney will end up sending you to the EEOC or Florida Commission. There are also certain local agencies, depending on your area, which investigate such claims.

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Answered on 6/25/08, 3:52 pm


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