Legal Question in Discrimination Law in Texas
Promotion declination based on discrimination
I am a telecommunications professional who has been gainfully employeed by a fortune 500 company for 10 1/2 years. I have had a stellar track record with awards and recognition given for performance excellence. I am a visually impaired individual though.
It would appear that I have been placed in this job with no attempt by the organization to allow for furthering my career. Special projects and promotions have been declined due to irrelevent information even though I more than have the qualifications and abilities to do the function.
In December I was retracted from a project based on my visual impairment. This removal was done based on unproven assessments. In January I was declined for a promotion by the same acting manager. The promotion was given to someone with less experience, knowledge.
I have addressed issues with the first and second level management with no satisfafactory resolution.
Question: How should I pursue this? What do I need to do? If I file discrimination under ADA can the company take adversive actions? Do I need to file with the EEOC first?
Thank you for your assistance in addressing this issue.
1 Answer from Attorneys
Discrimination for X reasons
First, you must see a local atty. After you give that atty all the relevant facts, s/he will on your behalf file claims in either one or boh EEOC and your state's antidiscrimination commission.That atty will decide under which statute to bring your claims, gender, age, ADA (yu mentioned poor vision), etc.Yes, any company can retaliate. Is it lawful? No. Once you file, your administrative claims, you are protected against retaliation.In the real world, there may be some subtle retaliation. It wll be up to you to keep track on what occurs. I warn you, however, about becoming paranoid. Draw a Benjamin Franklin T on a piecve of paper. If something questionable happens, on the right , write whatever "evil you believe lurks in the heart of the company." On the left, write all the "reasons the company may have had for making the decision or taking the action it did, and then ask yourself, Could that be a reasonable business decision?"That little trick may help you from becoming overly defensive or paranoid, which could be more harmful to youin the long run. So go and sit calmly with an atty and discuss the problems you are having or the displeasures you are feeling. Follow the atty's advice. If necessary, get a second opinion. Don't begin second guessing your atty, though. Three different attys would handle the same case liklely in three different ways. All the ways could be right . . . and then again . . . . Good luck!