Is this race or age discrimination, please?

[zhizhu]

I got terminated( the company said they were doing work force reduction) together with another 6 people in one of the company's facility. But this facility has two different units which have different managers and different operational procedures. I came from one unit and the other three people came from another unit. Now the company is trying to mixing the two units together to show they are not discriminating against either age or race. I am 59 years old, Black woman and was never treated well by my manager. She always tried to look for excuses to get rid of me and finally she did. I was the oldest person in previous my unit and the only Black. I can say I always worked hard, never called in, helped everyone,and worked dedicatedly. The only thing not good for me was that I couldn't get along with the manager. She yelled at me all the time because I don't speak good English.Is this race or age discrimination, please?
Thank you so much

[dslippy]

To show discrimination, you have to allege that the decision was associated with the chracteristics you identify.

It is for them then to identify the exact reason for your selection.

This is an unusual burden of proof. It makes it easier for you, but until you make the assertion, you do not know. Others will no doubt point you in the right direction as to the mechanism involved.

[zhizhu]

Thank you for the reply.
Actually, I knew the reason. a couple of years ago, the manager gave me a warning letter for insubordination but I didn't agree with her version of the story of my insubordination. I talked about what happened between the manager and me with the manager's boss who told me to just keep working hard and I did. This year just before my termination, the manager gave me another warning letter for the same reason. She told me to sign my name on the letter and I told her what she said on the letter was not true. I talked with the HR department about my version of the story but I got terminated. The so-called insubordination was actually that I said something back to her when she insulted me or laughed at me. My previous employer has been trying to hide the real reason.

[ULA]

How long were you employed by the company and when was your employment terminated?

From what you have said it would appear that redundancy was the reason for your termination and if so, was a redundancy consultation process followed?

[zhizhu]

How long were you employed by the company and when was your employment terminated?

From what you have said it would appear that redundancy was the reason for your termination and if so, was a redundancy consultation process followed?

I worked for the company for more than seven years and terminated in August this year. No, they didn't have a redundancy consultation process. So a redundancy consultation process is mandatory by law, please?

[ULA]

Thank you for the information provided.

If this was a reduction in workforce leading to positions being made redundant then yes, the company should have undertaken a redundancy consultation which has a set procedure to follow. This would include an initial consultation on the need to reduce the number of positions across these two teams, those individuals holding jobs that would be affected should have been put in a "redundancy pool" and then a selection based on a scoring system against a pre-determined selection criteria, assuming more than 6 people carried out the jobs affected.

So, it sounds from what you have said that they have not followed such a process.

Then in terms of whether there is the potential for your selection being based on grounds of race and or age you would need to prove that this was the case and therefore it was discriminatory.

In terms of bringing any claim against your employer you would need to start the process no later than 3 months less a day from the date of your termination and you would need to do this initially via the Early Conciliation process with ACAS.

[zhizhu]

Thank you for the information provided.

If this was a reduction in workforce leading to positions being made redundant then yes, the company should have undertaken a redundancy consultation which has a set procedure to follow. This would include an initial consultation on the need to reduce the number of positions across these two teams, those individuals holding jobs that would be affected should have been put in a "redundancy pool" and then a selection based on a scoring system against a pre-determined selection criteria, assuming more than 6 people carried out the jobs affected.

So, it sounds from what you have said that they have not followed such a process.

Then in terms of whether there is the potential for your selection being based on grounds of race and or age you would need to prove that this was the case and therefore it was discriminatory.

In terms of bringing any claim against your employer you would need to start the process no later than 3 months less a day from the date of your termination and you would need to do this initially via the Early Conciliation process with ACAS.

Thank you so much.

[zhizhu]

I read the separation agreement again. This may be what the company calsl the reason for my termination.


I personally guess because I had ever argued with the manager. The manager was not nice to me. She yelled at me and sometimes I couldn't help saying something back to her. She was trying to look for my mistakes to get rid of me. She said I did something wrong and I said I did the same as my coworkers do but she yelled at me, " why you always made mistakes?" I said I didn't make mistake. If you think I made mistake, then my coworkers made mistakes, too. So the company might think I had bad past performance?
I want to make a complaint to EEOC but don't know how long it would last and probably I will finally need a lawyer.I really don't know what to do.Thanks for any reply.

[ULA]

EEOC is that the US Equal Employment Opportunity Commission? If so, then I guess you are living and working in America and in which case then I am sorry we cannot help you.

We are a UK based forum and can only provide advise based on UK employment. We have no experience of US employment law, although I have found the below link which details how to file a complaint with the EEOC.

https://www.eeoc.gov/youth/filing-complaint

Best of luck

[zhizhu]

EEOC is that the US Equal Employment Opportunity Commission? If so, then I guess you are living and working in America and in which case then I am sorry we cannot help you.

We are a UK based forum and can only provide advise based on UK employment. We have no experience of US employment law, although I have found the below link which details how to file a complaint with the EEOC.

https://www.eeoc.gov/youth/filing-complaint

Best of luck

YES, I live in the US. thank you

[dslippy]

My reply is now clearly UK only.