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Settlement for a Origin Based Discrimination California

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  • Settlement for a Origin Based Discrimination California

    A colleague from my same origin sued our public employer for discrimination based on origin. Our employer filed MSJ and it was rejected. He agreed to settle with them before the first trail date. Part of the case was the poor treatment that I got from my direct supervisor. I was a witness in my colleague's case. Would I get a similar settlement? how can I be protected from retaliation from my employer for being the main witness against them in the case?

    Your advise and help is appreciated.

  • #2
    facts of each case will be different even though you might have experienced some of the same treatment. One can't know your chances without either speaking with an attorney OR filing a claim yourself.

    There are anti-retaliation parts to the law -- you care already protected as a witness, but if it happens, you may have a claim and usually retaliation claims are worse for the employer than the original claim, so they tend to NOT retaliate. Here's just one quote from "Facts about Retaliation" by the EEOC

    "The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:
    •filing or being a witness in an EEO charge, complaint, investigation, or lawsuit....
    •answering questions during an employer investigation of alleged harassment...

    Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it."


    • #3
      There is no way to predict if your employer would settle with you too or if they did, under what terms. Every case is very different and just being the same national origin of another employee who filed a claim does not mean you are similarly situated. They might have settled the last one to save the cost of litigating, but it is very possible that if they feel they did not do anything wrong, it is better to let the process play out rather than to keep paying everyone who files a subsequent complaint in the hopes of a settlement.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        Are you asking about a settlement because you were discriminated against in the same incident or because you witnessed it?