Legal Question in Discrimination Law in New York
Is this a proper question that a staff should be asked?
My department had a new VP came on board on 3/26, so she wanted a one-on-one meeting to better know us. I was out sick on 3/30 & 3/31. On 4/2, she called me in for the first time meeting. During the meeting, she asked me about my short term goal, so professionally I told her I'm ready to move up... she mentioned that we will need to do a lot of documentations and writing reports. She asked me to scale myself my English. She said ''from 1 to 10, where do you think you are?'' She then continued that she had a Spanish staff at her previous company, whose English isn't her first language, was sent for English/Managerial Writing Classes ... I replied English is not my first language.
I'm so upset and intimidated to talk to her since then. I cried the next day morning in the office in front of a co-worker/friend. I took her advice to report to HR manager how I was treated and my fear. He was shock and said that nobody should say anything like that and as a VP, she should know it's inappropriate. Especially during the first meeting. She doesn't know my performance. However, he believe it's a good intention and suggested to observe how things progress and would like to keep in touch. Was I being discriminated? Can I file a case? Thx
1 Answer from Attorneys
Re: Is this a proper question that a staff should be asked?
Under some circumstances it can be a proper question, depending on your job responsibilities, particularly in the context of you stating you were ready to move up.
You haven't described anything hostile or threazening; if such a situation should develop, then report back to HR, let them try to resolve and then the EEOC, if it doesn't work.
Unless you are subjected to a suspension or discharge, there would be no case.
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