1. "You need more than disparate impact. " In response to Reply # 0
Emails saying some racist stuff would be a winner.
If you got some embarrassing emails, a good demand letter threatening to make public by filing (if the org is big enough) could lead to a quick settlement.
What's the basis for saying racial discrimination? Generally speaking.
********** "Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson
Evidence of pay disparities. Say being "written" up by hr for a professional disagreement that made a white woman scared. Other things. Hypothetically.
3. "Pay Disparity is tough" In response to Reply # 2
You would need to show there is no reason for a disparity (experience, same type of work, etc.) and I think you would need to show it's systematic and/or intentional.
I know the someone getting scared thing, and you want an objective third party to show it isn't he said, she said and their reaction was unreasonable.
It's probably worth contacting the EEOC if you no longer work there. It's more of a cost benefit analysis if you still work there.
If you still work there and you think you may get fired soon, I always tell people to make a complaint before being fired. It makes it harder for them to fire you and/or you can claim whistleblower status protections.
********** "Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson
4. "Yeah, you'd have to show a deliberate practice" In response to Reply # 3
of underpaying certain people. And, this isn't my area, but wouldn't it only apply to a protected class? And, as an aside, did the new Supreme Court ruling officially make LGBTQ+ (homosexuals and transgender) a protected class?
5. "any idea if the employer carries Employment Practices Liability cvg?" In response to Reply # 0
hypothetically, it might help.
you know I'm no lawyer but I see this stuff from the employer's side with some frequency, and some surprising claims have gotten paid (while others have surprisingly not). Of course the employer universally says that claims are BS even if they're totally valid.
lmk if you want to talk about it sometime ... would love to catch up my man, hope all is good outside of this issue
6. "I imagine most mid-size to large firms would have such coverage" In response to Reply # 5
If you have some embarrassingor radioactive stuff, you can definitely make a quick buck. I've seen 100K payouts on just a strongly worded demand letter.
If it's a complicated nuance situation, much harder.
********** "Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson
As in traded theoretically so should have such things.
>you know I'm no lawyer but I see this stuff from the >employer's side with some frequency, and some surprising >claims have gotten paid (while others have surprisingly not). >Of course the employer universally says that claims are BS >even if they're totally valid. > >lmk if you want to talk about it sometime ... would love to >catch up my man, hope all is good outside of this issue
Family is good which is the most important part. This is just a hypothetical weight one would want to understand the options of.
9. "RE: OK Corporate / Legal" In response to Reply # 0
It may not have been clear but person is still at the company and still experiencing systemic racism while the company touts how anti-racist it is. They could leave and find something else but whole industry is this way, devil you know and all that. It's an insular industry where it's suicide to burn bridges, but they have been in it long enough and are almost willing to give it all up if a suit would be lucrative. Basically they are exploring exit strategies.
In the meantime however they will have a meeting with the CEO today about a bullshit project because little racist kids want to pull rank on them for the most minor shit. Mind you this is literally the first meeting they are having with said CEO since Floyd despite being the ONLY black male descendant of slaves at the company. And it will be bullshit. Hopefully they won't get fired today.
legsdiamond Member since May 05th 2011 79616 posts
Fri Jul-10-20 09:30 AM
10. "What kind of meeting happened with Floyd? Was it productive? " In response to Reply # 9
As far as the industry.. could pursuing legal action hurt that persons chances to secure another gig?
Good luck to that person on whatever path they decide to take.
**************** TBH the fact that you're even a mod here fits squarely within Jag's narrative of OK-sanctioned aggression, bullying, and toxicity. *shrug*
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