Legal Question in Civil Rights Law in Missouri

Race & Sex employee discrimination

I have been discriminated against in my department since I first moved to this department. I refrained from filing a charge with EEOC because I needed my job and thought that human resources would protect me. I have a lot of documentation proving that I have been treated differently from the rest of the employees in my department. I am the only African American woman out of hundreds of employees in my department. I even had a white woman coworker to go with me to human resources to say women were treated differently but that I was treated worse. They brushed everything under the rug. Now they are needing to eliminate positions for budget reasons, there are 4 people that started after me. Is it fair that they choose me and say I can try to find another job in a short amount of time or take a separation agreement? Also, just for my knowledge can you tell me what a fair severance pay would be for a separation agreement for an employee of 6 years that has been discriminated against and if taking that would prevent me from suing?

Thanks


Asked on 7/14/04, 4:49 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Race & Sex employee discrimination

You haven' been looking after your own best interests.

FIRST, document your claim thoroughly by gathering any piece of paper and making a copy that proves your claim before they show you the door. And for heaven's sakes don't TELL anyone you're doing it! Even your friends. When you are let go, you probably won't have time to gather ANYTHING, and if they know you're trouble, you'll be escorted to the door by security. If you can, AFTER you've gathered your documetation [including information on everyone who has been hired over you, their positions, etc.], ask your friends for sworn statements. Don't steal anything, just gather what you can reasonably,--like employee manuals, names, address, department structure. ALL employee memoranda that you were given, all work product you produced, etc.. Back up your computer disks to CD ROM and leave a copy at home.

Then. get in to see the best employment discrimination lawyer in your area,--if it's too small of a legal community, go for the gold and call someone from a larger city.

Once you've made contact with a lawyer (spend the $100 to get good advice); you don't have ANYTHING to negotiate with at this point, so your job is not to let them fire you. File the EEOC complaint and allege specifically that they are attemptting to fire you for a discriminatory reason: don't wait until you're out the door.

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Answered on 7/14/04, 6:42 pm


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