I was laid off and a similar position was posted. My co-workers were kept. They are all white female. I am a black man. Do I have a case? 10 Answers as of April 24, 2013

I was informed by my manager that my department would be disbanded and only I would be transferred to the department which would be taking over the corporate relations function. This department is called Integrated Value and Strategy or, as it is more commonly known, IVS. She stated that she did not know the effective date for this transition of the corporate relations function and my position to IVS. The vice president confirmed what the manager told me during his department meeting in which he announced that the job responsibilities of my previous department would be going to IVS. I had no reason to doubt either of them so I was not actively searching for a new position. The misleading information that they gave caused me to lose an entire month that I could have been using to search for a new position and prepare for unemployment. In retrospect, I believe this was intentional. Last February 13, I was informed that my position, would be eliminated on April 1, 2013 – the effective date of the transition of the corporate relations functions from to IVS. She told me that only I would be laid off while all other employees in my work group would keep their jobs. A subsequent request for a time extension was denied as she replied several days later by saying that she could not get approval to do so. I seriously doubt that she ever inquired since there were past situations in which her integrity regarding me and my work proved to be dubious at best.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Coane and Associates
Coane and Associates | Bruce Coane
You may have a case if there was illegal discrimination. The starting point is normally to file a charge of discrimination with the EEOC, or hire a lawyer to do that.
Answer Applies to: Texas
Replied: 4/24/2013
workerscomp.tv
workerscomp.tv | Terrence A. Valko
Deserves follow-up. Seek counsel.
Answer Applies to: Pennsylvania
Replied: 4/23/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You may have a case. But first you have to file a complaint with the Idaho Human Rights Commission or the EEOC. Only if they issue a right to sue letter can you sue your ex-employer.
Answer Applies to: Idaho
Replied: 4/23/2013
Law Office of Patricia S. Rose | Patricia S. Rose
you may have a discrimination situation; feel free to call for a consultation.
Answer Applies to: Washington
Replied: 4/22/2013
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
I suggest you call an attorney that handles discrimination cases. I do not.
Answer Applies to: Georgia
Replied: 4/22/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Maybe. The issue is whether the employer had a valid, non-discriminatory basis for laying you off while keeping the white females. Without interviewing you and conducting an investigation, I cannot advise as to whether you have a case and how strong it is. However, I believe you have a prima facie case of discrimination, and it would be up to your employer to provide evidence that there is a non-discriminatory justification for terminating you, You need to immediately retain legal counsel to pursue your case. This is urgent because you face tight deadlines for filing a Federal discrimination suit. In general, you have only 180 days from the date that the wrongful conduct occurred before filing a complaint the EEOC. Such a complaint should be filed immediately to avoid any undue delay. Further, while such a complaint is prepared, your lawyer may be able to instigate negotiations with the company for reinstatement and/or as settlement. Bottom line: Retain legal counsel ASAP. Call if you wish to retain us.
    Answer Applies to: New York
    Replied: 4/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There is a possibility and therefore you should consult with an attorney. You have not defined a cause of action in your recitation of the facts but, given the fact that all of the other parties were white females and you a black male, and you were the only one relieved of her position, there may be something. Without further investigation I would not offer any further opinion.
    Answer Applies to: Michigan
    Replied: 4/22/2013
    Fox & Fox, S.C. | Richard F. Rice
    You have stated facts which could support both race and sex discrimination claims. Contact an attorney and/or Wisconsin Equal Rights Division to file a discrimination complaint.
    Answer Applies to: Wisconsin
    Replied: 4/22/2013
    Lydy & Moan | C. Gary Wilson
    Should contact Ohio Civil Rights Commission and potentially file a complaint with them.
    Answer Applies to: Ohio
    Replied: 4/22/2013
    Law Office of Jack Longert, LLC | Jack Longert
    You might. There is certainly enough here to investigate further. Basically, the employer will need to show a "business purpose" for their actions, otherwise, discrimination based on race and gender could be possible.
    Answer Applies to: Wisconsin
    Replied: 4/22/2013
Click to View More Answers: