Legal Question in Medical Leave in Maryland
Racial discrimination job harassment
I believe iam being discriminated against based on my race,african american,because: in october of 2002,i used f.M.L.A because i had surgery.I submitted all of the nrcessary forms to my superivor and human resource manager. I returned to work december of 2002. On march3 2003,almost four months after my surgery i was informed that all of my medical documentation was lost or misplaced. I was given ten(10) days to recreate all of the information or be terminated. There are 10 ten employees past and present who have simular problems with missing documents leaving to loss of job the only thing we share is we are african employees of sherwin williams balto plant please help.
2 Answers from Attorneys
Re: Racial discrimination job harassment
Although the employer has the right to request medical documentation, and probably to request replacement of lost documents when honest mistakes occur, this particular situation does not sound reasonable. If Sherwin-Wiliams is behaving as you describe, then they are probably interfering with your FMLA rights and thus arguably violating the law. If race is involved, then discrimination may be occurring as well.
Please call me right away for a free consultation, or another lawyer of your choosing, to review the entire matter thoroughly and decide how best to proceed. More facts are needed before advice can be given. My numbers are below.
If you do not want to call a lawyer, you can also call the US Department of Labor for advice on the FMLA matter, or the EEOC for advice on how to file a discrimination claim. But please feel free to call me to review the mater for free.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Racial discrimination job harassment
It is possible that you are the victim of race discrimination if these demands for re-creation of your medical files, and threats of termination have not been made against others similarly situated. You do state in your message that other African- Americans have been treated in this fashion. This may be evidence of race based actions. An important question is whether any white employees have also been treated this way. If so, the employer may claim a legitimate non-discriminatory basis for the decision. If not, you can have a stronger claim of discrimination, provided that there were white employees in similar circumstances. This is one of many factors which would need to be analyzed.
You would be required to file a claim with the EEOC or a state, city or county local agency to initiate your claim for discrimination. There are short deadlines that apply to filing these claims and it is recommended you act quickly.
You would likely benefit from meeting with an attorney who specializes in these cases to help you make some decisions. Employment discrimination law is an area of law that I have expertise in. I would be happy to meet with you. You can contact me at the email or phone number below.
Jay P. Holland, Esq.
Josph, Greenwald & Laake, PA
301-220-2200
DISCLAIMER: This reply is intended for informational purposes only, and is not legal advice.
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