Legal Question in Discrimination Law in Illinois
I am currently employed and I received a PDN which is a 90 Day probation on my job. I have to call off today. As a result, I am sure I will be terminated when I return. I am looking forward to filing a claim against the company i work for. I have worked there 5yrs and my manager continually knit picks. I have received discplinary notices. After receiving she always states she will follow up. She has never conducted one follow up. Also on last year at the company's Christmas Party a friend and I attempted to take a picture in the booth with her. She stated "get out we dont want any black people in our picture." There are other deliberate things that have occurred. I wanted to know if I should go in and let her terminate me or resign. I am not concerned with an unemployment check I am more concerned with having to say I have terminated rather than I left that facility for better opportunities. Your attention and advice is greatly appreciated.
1 Answer from Attorneys
I would have thought you are describing nothing more than a personality dispute with your supervisor until you shared the statement she made about not wanting "black people" in the picture. A one-time comment, albeit offensive and tacky, might not be enough to show a racially based animus. However, that comment with everything else you described could provide an inference of unlawful discrimination. If you plan to pursue a charge of discrimination, it is not advisable that you resign. On the other hand, you will have to explain a termination to future employers. Our firm handles these types of matters and we would be happy to speak with you confidentially by phone.
***Nothing herein should be construed as specific legal advice but rather should be taken as general legal information***
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