What kind of action should I take for employment discrimination?

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What kind of action should I take for employment discrimination?

I believe our boss has something held against the employees that were here before her. She has only been here 2 weeks and already she’s hired 5 Mexicans (she is Mexican, too) and the rest of us that were there are black and she’s trying to get us to quit because she doesn’t want to fire us so that they won’t have to give out unemployment. She sends us home early and the Mexicans get to stay longer. She also schedules them for longer shifts and more hours. There are some cases where one of the black employees would get to work and they would be on time, but she would send them right back home.

Asked on October 23, 2010 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have two different options for racially based employment discrimination.

First, you could contact your state or federal department of labor and look to file a complaint. If the department thinks the complaint is valid, they may take action. The pro is, this is free--you or your colleagues don't need to spend money. The cons are it may result in less recovery (money) to you personally, and government offices are backlogged--they may be slow to move.

The other option is to retain an employment lawyer, prerably as a group. This may cost you something--though usually, most of the actul legal fees come out of any recovery if you win; make sure you check the terms before signing with an attorney--but is more likely to get you more money and to be faster than government action.


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