Legal Question in Employment Law in New York

Race discrimination

I'm African American female and Assistant Director of Human Resources, in a large health insurance company in NY. I have been with the company for 18 years, and upon their announcement of a merger with an equally large company, my boss who is the VP of HR, began removing my duties from me and handing them over to a white male who has been employed with the company for 10 years. This was done to because a consulting company was hired to look at the job responsibilities of employees in both company's and based on his resonsibilities he could easily be replaced. my boss went behind my back and began telling everyone in HR, he was taking over the benefits area which I responsible for, I confronted her about this and she never gave me a direct answer as to why. I became very upset and have been out on medical leave due to stress related issues. I filed and formal complaint with the company and after not receiving a response form them, I filed a charges with EEOC. I'm awaiting the hearing date with EEOC. Is it a good idea to attend a mediation session offered by EEOC or should I allow the case to go forth to litigation? I must add I have an excellent employment record and know this is outblatant racism. Do I need a lawyer to attend EEOC


Asked on 4/26/07, 3:22 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Race discrimination

You don't need an attorney to appear before the EEOC, but many people find that it makes them feel more comfortable and it sends a message to the company that you are very serious about the complaint. If you plan on pursuing your case in the courts, it may be a good time to find an attorney now.

Your lengthy experience on the job works in your favor, but your medical leave is probably going to be the issue that your employer zeros in on, with regards to why they assigned duties to someone else. If you would like to speak with an experienced employment law attorney, you may contact my office via email.

Good luck and God Bless!

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Answered on 4/26/07, 4:39 pm


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