Legal Question in Discrimination Law in Virginia

Sex & race discrimination

I have 20-yrs law enforcement exp. and was promoted to patrol sergeant. I had numerious problems with the male patrol officers, but ignored it for a while and continued working. I did more than required by obtaining grants for the department and also working on the SOP manual for the acredidation process. I went to my supervisor and the boss and told them that they were not backing me. They would give me duties or policies to implement and when the guys complainted they did not support me. My supervisor told me he did not think they were backing me. This was said months ago. One male quit I felt because he did not want to work for me. This to me became a very hostile workplace for me. I continued to work and the county was happy with the grants I was doing.

In June the boss called me in with my supervisor and told me he was going to make me the administrative sergeant and make a white male there the patrol sergeant. The boss told me he knew this male did not have the experience or training I have and he wanted me to help him. To tell him when he was doing something wrong or to tell him when he should be doing something. To me this was done based on race and gender. This was a demotion. Do I have a case for discrimination?


Asked on 7/28/04, 9:16 am

2 Answers from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Sex & race discrimination

Excluding any issues dealing with Virginia law, the answer to your question will turn on whether or not you have suffered a "material adverse employment action." This can include a reduction in responsibility or prestige, but most courts look to see whether you lost any money or benefits. If you have, then you may be able to state a claim for employment discrimination.

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Answered on 7/28/04, 10:13 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sex & race discrimination

Many more facts are needed in order to determine

whether you have a viable claim under federal antidiscrimination laws, but there would appear to be enough for you to take the first step by filing a complaint either with EEOC or the local or state office authorized to take such complaints

and have an investigation conducted and a so-called "Right To Sue" letter issued to you, if warranted.

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Answered on 7/28/04, 1:50 pm


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