HISTORY:

I am asian, I work for a large east coast based company that has a big branch here in California for almost 5 years now. I'm assigned to an offsite location - field office in a customers corporate office.

2001 - Work 7 miles from home
2002 - I was assigned to a new manager, he moved me 40 miles away and gave me a bad YEARLY review for zero bonus right off the bat within less than 2 months of him being my manager. So, I since I was moved. I had a different manager then. Actually, at the present location. We went through 5 managers.

PRESNT TIME 7/2006
The manager that moved me here is now our 'new' manager. Since he started, he gave me a hard time again. Just like 4 years ago. He already wrote me up once within a month of him being here. I feel being discriminated here at work and I'm not the only one who thinks and feels this way. Most of my co-workers here are contractors, therefore they are afraid to complain. I am a full time employee and not a contractor and i'm not union.
FACTS:
- manager is white, all his leads and previous leads were white
- the lead here was black and he moved him to a different location
- he moved me 4 years ago and replaced me with 2 white guys
- 1 hispanic went on a medical leave after he gave him a bad review too
- he promoted a white employee to be a manager
- he made comments about black people and crime and looked disgusted
- he only promotes white people
- i talked to several other employee and they feel the same way
- we have no access to HR onsite or internet
- he wrote me up for telling my customer about my job description
(ie: i fix washers and dryers but not oven and stoves)
- when they wrote me up the field ops manager said "I WANT TO FIRE YOU! BUT HR SAID NOT TO UNTIL I WRITE YOU UP! SO HERE, I'M WRITING YOU UP AND NEXT IS A 30 DAY SHORT TERM WRITE UP AND THEN I'LL FIRE YOU"
**** YOU! YOU ALMOST LOST ME MY JOB (FOR TELLING THE CUSTOMERS WHAT I DO) this was said in a open patio where people walk freely to and from the parking lot and there were people around us at that time. Yes, there are witnesses, other managers were there too.

- he basically said I have no choice but to sign the paper he wrote me up with and that if I want, I can attach my own version. But, should I include that I was "cussed" at and threaten in that document?

Was I violated? Sorry for such a long summary.

It isn't at all clear why you think he is discriminating aginst you because you are Asian. Nothing you posted really suggests that is the case. One comment about people of a different race is not sufficient to prove anything. It isn't clear why he would transfer you to work for him if he didn't want you there. While the cursing was unprofessional, it isn't illegal.

HR does not have to be onsite to contact them though. Call and leave a message or write a letter and let them know of your concerns.

It isn't at all clear why you think he is discriminating aginst you because you are Asian. Nothing you posted really suggests that is the case. One comment about people of a different race is not sufficient to prove anything. It isn't clear why he would transfer you to work for him if he didn't want you there. While the cursing was unprofessional, it isn't illegal.

HR does not have to be onsite to contact them though. Call and leave a message or write a letter and let them know of your concerns.


no, he transferred me 40 miles away to a different branch that now he transferred to also.

If what you state is true, I cannot believe a "large" company would not have concerns. While I do not believe your post has sufficient information to make an informed opinion as to the strength of a discrimination case, it certainly has the perception of some unfairness and possible wrongdoing. Unfairness does not constitute unlawful, but this large company would rather not be subject to investigations by the EEOC and/or a similar state agency. You need to contact HR immediately and make very clear your concerns/issues. If you get nowhere, then you may want to seek the advice of local counsel specializing in employment law.

if i bring it on HR, i am concerned that they will contact our manager and i will get heated on even more. what do you think?

I think that you are shooting yourself in the foot if you don't talk to HR before you try to go outside.

First of all, recent case law in some jurisdictions requires that you take all internal options before you apply to a regulatory agency. Cases have been lost because the employee did not go through the appropriate internal channels before filing their complaints with the EEOC.

Secondly, it is not outside the realm of possibility that your HR department may be able to resolve the issue without your having to go anywhere else.

Third, if your manager DOES come down on you harder after you complain, that only gives you a stronger case when and if you do go to the EEOC.

Well not bringing to HR pretty much guarantees they won't be able to resolve it. At least if you take it to them there is a chance it will get better.

yeah... i'm gonna have to think about this hard. because, i already reported him to his manager and i just got rained on even harder.

on the "written warning" i signed, i am supposed to include the document of my version. i haven't submitted it yet, should i include there that the field operations manager was using profanity and threaten me? so it should be on record as well? i don't know what to do at this point... i'll look into reporting it to HR.

If you don't include it in your version of events, how is anyone supposed to address it? ESP is not a real reliable method of making your complaints known.

i'm still confused if i should bring it to HR or not... is it really worth losing my job over it? I'm afraid they are going to "lay me off" if I bring this matter to HR. I'm sure HR will be on the management side of this matter.

Well then we can't help you. You asked our advise and we told you. You are welcome to take it or disregard it but we can't make up your mind for you.

You cannot legally be fired for making a complaint of illegal discrimination to HR. If you are let go for doing so, you have legal recourse.

As I told you, people have lost cases right out of the box because they failed to make HR aware of the problem.

If you want to risk losing the entire case rather than take it to HR, that's up to you. But the answer here is not going to change. Every time you ask, we're going to tell you to take it to HR. If you're not willing to do that, there's nothing more we can do for you.

If you think the incidents were severe enough to bring to tht HR, do so. You are responsible for informing the HR about the illegal behavior or harassments. But internal procedure should be followd before you bring the case to outside for support. If you have a bullying situation, HR most likely will not support you, but you will still have to do so. EEO will ask you if you have reported to HR before you come to them.

If he intends to fire you anyway, what have you got to lose. It would be better to have it on record.

i called HR.. waiting for call back. hopefully today. thanks everyone, i'll keep you updated. i hope it will be resolved at this level.

Right_on, put your complaints in writing, and keep a copy. If you end up in court over this, you need to be able to prove that you made them aware of the situation.

Make sure you put in the written complaint that you feel that your race is the reason you are treated this way.

ok.. i called HR and made them aware of the situation. they will talk it over with the vp of operations and get back to me. but i was told the same thing, to submit everything and put on record. so i will submit it tomorrow.

so i submitted my write up comments friday and my managers just straight out denied that they threatened and cussed at me. oh well... and i haven't heard from HR since i called them last week.

GIve HR time. It can take a few days, or even weeks, to do an effective investigation.

I have to agree with Ellen and CBG and believe me that is rare. The reason it is better in your case to complain to the H.R dept 1st.is two fold as the other posters said. You can not be fired (In theory) for filing the complaint with H.R Dept.
Once you talk to H.R you are protected (in theory) from termination. Hr dept could send this guy to sensitivity training. “That’s usually the 1st step” they could do nothing, they could move or terminate this clown.
If you are terminated after you have made the report that’s the time to go to the EEOC or an attorney and file a charge of retaliation. This is easier to prove than discrimination since you now have documentation. Under the recent Supreme Court decsion B,N.S.F Railroad v White (2006) retaliation cases are easier to proceed with than discrimination which can be difficult..
I don’t know if this guy is a racist but he is definitely a 1st class prick, and he ‘s got out for you so now you are aware of it go to H.R document everything even if you think it may not be relevant..
Under B.N.S.F v White:

Held:
1. The anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace. The language of the substantive and anti-retaliation provisions differ in important ways. The terms "hire," "discharge," "compensation, terms, conditions, or privileges of employment," "employment opportunities," and "status as an employee" explicitly limit the substantive provision's scope to actions that affect employment or alter workplace conditions. The anti-retaliation provision has no such limiting words. This Court presumes that, where words differ as they do here, Congress has acted intentionally and purposely. There is strong reason to believe that Congress intended the differences here, for the two provisions differ not only in language but also in purpose. The anti-discrimination provision seeks a workplace where individuals are not discriminated against because of their status, while the anti-retaliation provision seeks to prevent an employer from interfering with an employee's efforts to secure or advance enforcement of the Act's basic guarantees. To secure the first objective, Congress needed only to prohibit employment-related discrimination. But this would not achieve the second objective because it would not deter the many forms that effective retaliation can take, therefore failing to fully achieve the anti-retaliation provision's purpose of "[m]aintaining unfettered access to statutory remedial mechanisms," Robinson v. Shell Oil Co., 519 U. S. 337, 346. Thus, purpose reinforces what the language says, namely, that the anti-retaliation provision is not limited to actions affecting employment terms and conditions. Neither this Court's precedent nor the EEOC's interpretations support a contrary conclusion. Nor is it anomalous to read the statute to provide broader protection for retaliation victims than for victims of discrimination. Congress has provided similar protection from retaliation in comparable statutes. And differences in the purpose of the two Title VII provisions remove any perceived "anomaly," for they justify this difference in interpretation. Pp. 6-12.
JoeC

right_on, I have never heard of a case where the manager admitted that he did the things he did. There are lots of cases out there, though, where HR beleives the complainer over the harasser. As long as your written complaint made it clear that you think your race is part of this guy's problem, then you should be in better shape. (If it didn't make sure that you put that in writing, too). The retaliation laws protect you only if you are complaining about something you perceive as illegal harassment- they do not protect you if you don't make it clear that you think this is illegal race-based harassment!

thanks for everyone's help... great advice from everyone. tough to follow, but very good and sensible. i'll keep you updated as it progress. i just wanted to get this solved internally as supposed to court stuff. i hope this can be achieved here.

ok, our field supervisor told me today that HR told him that i should go ahead and contact EEO and open an investigation by end of today. so what's the process? just go via the internet?

I think I'd talk to HR directly on this one. It would be extremely unusual for HR to recommend you report them for noncompliance to a government agency. If they found cuase for you to report it, they would see that it was remedied in house rather than waiting for the government to investigate and order them to fix it.

At very least, confirm with HR that that is what they want you to do. I am suspicious that the field supervisor is trying to get you in worse trouble.

If they really do want you to report to a gov't agency, go to the DFEH (the state agency) not the EEOC (the federal agency). The state's laws are more liberal, and the right to sue lasts longer.

At very least, confirm with HR that that is what they want you to do. I am suspicious that the field supervisor is trying to get you in worse trouble.

If they really do want you to report to a gov't agency, go to the DFEH (the state agency) not the EEOC (the federal agency). The state's laws are more liberal, and the right to sue lasts longer.

GREAT ADVISE AGAIN! i called HR and they said not to call EEOC but our internal EEO office that will conduct investigation first. other thing HR said is the manager is supposed to offer that they pull that letter out and my write up if we both agree to it.

now, if they offer me that, should i agree to it or not? i kinda want it on record too. so in the future, if someone has the same complaints as me they'll know that it has happened before.