Results 1 to 4 of 4

Thread: Settlement for a Origin Based Discrimination California

  1. #1
    Junior Member
    Join Date
    Feb 2017
    Posts
    1

    Default 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. #2
    Senior Member
    Join Date
    Jun 2006
    Posts
    1,476

    Default

    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 https://www.eeoc.gov/laws/types/facts-retal.cfm "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. #3
    Moderator
    Join Date
    Jan 2006
    Location
    MD
    Posts
    14,994

    Default

    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. #4
    Senior Member
    Join Date
    Jul 2006
    Posts
    1,865

    Default

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

Similar Threads

  1. National Origin Discrimination/Retaliation - Guam
    By hr_demon in forum Discrimination Laws
    Replies: 3
    Last Post: 08-18-2010, 09:34 PM
  2. Discrimination based on Section 8 Housing California
    By VB777 in forum Landlord & Tenant Law
    Replies: 2
    Last Post: 02-15-2009, 12:51 PM
  3. possible discrimination based on ethnicity? California
    By cybazaar in forum Discrimination Laws
    Replies: 8
    Last Post: 11-06-2008, 01:30 PM
  4. Is this "Place of Origin Discrimination"?
    By rocky12312 in forum Discrimination Laws
    Replies: 2
    Last Post: 02-26-2006, 11:14 AM
  5. What Qualifies for Discrimination Based on Origin?
    By liziburd in forum Discrimination Laws
    Replies: 3
    Last Post: 12-15-2005, 08:54 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •