What are the best first steps towards handling a discrimination issue?

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What are the best first steps towards handling a discrimination issue?

I am a white doctor practicing in a Hispanic area. Recently another Hispanic doctor was hired without board certification, without required subspecialy expertise, and was immediately made department director over me. When I was asked why I was not given the position, I was told because of the color of my skin and the language that I spoke. We are both 1099 contracted physicians. Do I have a potential discrimination complaint, and what steps should I take first?

Asked on June 26, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You would be looking at a reverse discrimination complaint-- which tend to be a bit more difficult to prevail at, but not impossible.... especially if someone was blatant enough to tell you "we're not promoting you because of the color of your skin."  If you really want to pursue this, your first step should be to contact an attorney that handles employment law matters.  Criminal law attorneys and family law attorneys are generally okay attorneys, but employment law is an overlap in administrative law and good trial skills.  If an attorney drops the ball on the administrative side, it could preclude your success in court later.  An employment law attorney can help you file a complaint with the EEOC, or the Texas counterpart, and word the complaint appropriately.  After you exhaust admin remedies, then you can pursue remedies through the court system.  The timelines are strict when going from admin remedies to court-- so the sooner you start the process the less chances you'll have of any technical errors. 


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