What do I need to prove I was discriminated against?

[diehardbiker]

It does matter, public records means court post information in public for anyone to read it, mostly online about one's legal history. You can find it yourself easily. If you sue a company, either win or lose. Your future employer that you had interview with, tells you that they will call, what do they do? They will research about you, including Google with your full name and if you have legal issues, they CAN find out and decided not hire you because you have sued ACME corp and lost the case.

It doesn't matter because the next employer will ask YOU why you left.

As for "At-will" clause, thanks for sharing with us. Something for some of us to learn.

 

[CrazyPaul]

It does matter, public records means court post information in public for anyone to read it, mostly online about one's legal history. You can find it yourself easily. If you sue a company, either win or lose. Your future employer that you had interview with, tells you that they will call, what do they do? They will research about you, including Google with your full name and if you have legal issues, they CAN find out and decided not hire you because you have sued ACME corp and lost the case.

No, you were talking about quitting the job in the last sentence of your previous post. A future employer can ask you why you quit that job. If you were talking about quitting the job and then suing the former employer, oh well, depending on a case, most of the times there are settlements that future employers can't look up.

 

[diehardbiker]

The topic is about sueing employer based on discrimination, not about quitting job.

No, you were talking about quitting the job in the last sentence of your previous post. A future employer can ask you why you quit that job. If you were talking about quitting the job and then suing the former employer, oh well, depending on a case, most of the times there are settlements that future employers can't look up.

 

[whatdidyousay!]

The topic is about sueing employer based on discrimination, not about quitting job.

Plus it's the OP words against her boss , there were no witnesses so it's going to be hard to prove he said anything about her 'accent'. I really don't think she has a case.

 

[diehardbiker]

This is the way I am thinking too, thr risk of trying to sue isnt even worth when there is no solid evidence.

Plus it's the OP words against her boss , there were no witnesses so it's going to be hard to prove he said anything about her 'accent'. I really don't think she has a case.

 

[Sabiya]

I was born in the USA. I'm not from another country.

I can hear the phone perfectly IF the headphones are strong enough (I raise the volume on the computer if I need to) and IF I can pick it all up on telephone mode if I need to. There was only one call center place that I really needed accommodation because try as I may, I just couldn't hear the phone. I eventually quit that place because even with their shoddy accommodation, I still couldn't hear the phone that well (they were going to fire me any way).

As for attitude, how can you judge my attitude? All he asked in a room full of people was to introduce yourself, this is what I said: "My name is _____, I've worked on the phones before doing some light sales of __product__". That's all I said!

Judging from that one response alone, how can anyone determine if it's an attitude problem? Or better yet, how can that person tell I'll have a "terrible time on the phones"? I've done the work before, I barely had any issues. As for how I sound, no one has ever told me they could not understand me (to my face), they all understood me. My accent isn't that strong I think, that's why his excuse of firing me due to my accent is strange.

And national origin also applies to accents from other states too. Ie: It's also illegal to fire someone due to their Boston accent when everyone else has a midwest accent, for example. National origin applies to ALL accents; states, regional, country, and even disability (lisping, stuttering, deaf, etc.).

Lastly, just because I am currently employed now, doesn't mean that I should ignore this injustice. In fact, why should it matter? Should I have sued when I was unemployed? Why does my current job standing matter in regards to trying to rectify this illegal behavior?

The thing that bothers me the most from the responses here, is when something illegal has happened, why is everyone telling me to ignore it and turn a blind eye?

As for not doing call center work anymore, I wish I could. But in my state, this is all the jobs that they have, barely anyone is hiring since our state is still recovering from the Recession, we're basically almost dead last (Nevada is dead last). I have no choice, either suck it up and work in call centers knowing that I may or may not do a good job, or be homeless.

 

[o0talula0o]

Awwww... Well maybe you could try talking to a lawyer. They should be able to tell you if theres a case here. That would probably be the first step if you feel compelled to persue.

I can tell that you are passionate about this. So I would just see if you could talk to someone who can answer those tough questions.

Good luck!

 

[authentic]

Can you forget it and move on to find another job so that way your health (de-stress) will thank you for that?

 

[diehardbiker]

Maybe u dont know, while some of others knows about me. I am STILL in legal battle since 5 years ago! Nothing related to discrimination, and man! Its far difficult, messed up my mind and health already.

The judges dont give a damn about word of mouth, they wants facts, period. It is illegal to use recording as evidence without other person's consent. When u document it, it only helps a bit but not much because judge will ask whether consent is given when making such records that can be used in court. If u call a bank or insurance co to get claim, they always inform u that your call is being recorded for quality purpose, and if u continue, your giving them your consent to record and they can use against you. If u wish record others, by law u must let them know, and if they do give you consent, you can use it against them.

This is reason why I don't see u having a solid case, and u could be hurting yourself in long run, worth it? In additional, hearing people tend to be very tactful, u might think ur speech is fine, but in reality it may no longer be fine and nobody is going to be blunt with u.

I don't know if I will ever find another job due to this lawsuit even though I have won the case, I know I will be ok as my retirement age is approaching.

My experience shows me that it would be better off if one deals with barrier is to move on if their health permits. My health does not allow me to move on this time hence why I had to go forward with my lawsuit, long story and I was somewhat forced to (go forward with lawsuit). I even have some friends who have tried lawsuit over discrimination and all of them have lost or got a bit and they still currently unemployed and have not land a job since. Some have their own regrets.

I am not trying to pull u down, what I have been though (Legal battle) is hellish, they will bite u REAL hard, from right to left. Corporations have been sued all the time, their lawyers are well experienced and will bite u real hard, from right to left regardless And in the end, they screw u dearly and dont give a damn about it.

 

[PowerON]

I. Sue company
_A. win case
__1. coworkers and their family or mutual friends hate you
__2. find a way to discriminated for future
__3. improve a little to accept deaf if prove work hard
_B. lost case
__1. find more way to discriminated for future

II. Not sue company
_A. Find other better job
__1. company, you decide to not sue, will fallen apart
__2. winning for the all

 

[whatdidyousay!]

This is the way I am thinking too, thr risk of trying to sue isnt even worth when there is no solid evidence.

Yeah all that energy could be put better use in looking for another job, the company can afford better lawyers than the OP can too. The guy was very smart in having no one around when he let the OP go .

 

[CrazyPaul]

The topic is about sueing employer based on discrimination, not about quitting job.

Are your serious? Since you said;

Now that they can't mention why I left them even they knew why.

So what does that have to do with the topic? Huh?

Once you posted off topic, I pointed it out that if you look for another job, a new employer will ask you why you left them (quit), even though they (your old employer) can't mention why you left them as you said. I didn't go off topic, you did! Quit being a smartass.

 

[diehardbiker]

This is nested information, regard to "At will employment clause", it is UP to you on telling why you left your previous employer, it is fairly easy to lie on this part because previous "at will" employer can not give out details but just working dates UNLESS you give the future employee your past employer as reference. I was merely pointed out that it is likely most employer offers "At will" clause which comes in pros and cons that I outlined for everybody including yourself, smartass CP as a courtesy, and if the OP actually had "At-will" clause with that employer, there is 99% chances that OP may lose the lawsuit and ruin their future from this lawsuit.

Are your serious? Since you said;

So what does that have to do with the topic? Huh?

Once you posted off topic, I pointed it out that if you look for another job, a new employer will ask you why you left them (quit), even though they (your old employer) can't mention why you left them as you said. I didn't go off topic, you did! Quit being a smartass.

 

[diehardbiker]

And tell ya, it is getting harder and harder to win mega-money in lawsuits as more and more states cap the lawsuit awards since 2007. If I had started sue couple years earlier, I will be FILTHY rich by now. Damn it! This is one of reason why having lawsuit isn't as attractive as it used to be, and the long term effect isn't even worth it.

 

[VacationGuy234]

Why do you want to have a job working on the phone? There are other positions that use chat only services.

To get a job that is not suitable to your condition is only going to cause you problems. You are not going to want to get up in the morning to deal with hearing issues. And, you are going to have to do that for rest of your life if you stay in that career.

 

[Sabiya]

Why do you want to have a job working on the phone? There are other positions that use chat only services.

To get a job that is not suitable to your condition is only going to cause you problems. You are not going to want to get up in the morning to deal with hearing issues. And, you are going to have to do that for rest of your life if you stay in that career.

I don't want to work on the phone. These are the only jobs I can get in this state. I cannot apply for disability because I am not disabled enough. Here are the requirements to get Disability:

Audiometry. Your average hearing threshold sensitivity for air conduction must be 90 decibels (dB) or worse in your better ear, and you must have a bone conduction hearing threshold of 60 decibels (dB) or worse in your better ear. Your hearing loss needs to be calculated by averaging your hearing at the sound frequencies of 500 hertz (Hz), 1,000 Hz, and 2,000 Hz.
OR
Word recognition test. You must not be able to repeat more than 40% of a list of standardized words spoken in a word recognition test (which tests speech discrimination).



===


I have 62dB in my better ear and 67dB in my worse ear according to the audiometry papers from when I was 7 years old. My audiologist never gave me any other copies of the tests, I just e-mailed him to ask for a copy. The paper that I have does not mention air conduction rate, so I do not think I qualify for it.



I also assume because I was raised hearing and had many years to "guess" what people are saying based on how they sound, my word discrimination is high (64%). So I don't qualify for the second requirement either.


I take these heavy hearing-centric jobs because they are the only things available and I want to be useful to my husband. My husband's $800/month job isn't enough to pay for our bills and food. Only assistance we have is food stamps, we were denied for everything else including Medicaid because DES thinks we are young and capable of working perfectly fine :roll: Also, it's because we have no kids and the majority of the benefits is first come first serve..... so if you're asking for assistance too late in the month, you're screwed.



So what choice do I have? Lie on the disability requirements papers so that I can get disability (incase my air conduction rate doesn't match), or suck it up and apply for any hearing-centric jobs that I can because they are the only jobs here that hires me, and hope that it'll last long enough for my husband and I to be able to pay our bills, eat good food (we're both malnourished with deficiencies in vitamins because we can't afford much food), and finally have peace of mind?


===


I have the documentation printed out showing proof of employment. I will go next week for sure. I honestly would love to win some money, but I am not holding my breath. What I want more than anything is justice. Also working from home is not for me, last year I worked part-time from home at $1.67 an hour, it just wasn't meant to be. Even if it's higher than earning $0 an hour.

 

[DeafDucky]

If you do apply for Disability you definitely will need a MUCH more recent audiogram than the one from when you were 7 years old. Can't hurt anyway- your hearing may have changed some since then.

(from recent experience and all....)

 

[diehardbiker]

If you do apply for Disability you definitely will need a MUCH more recent audiogram than the one from when you were 7 years old. Can't hurt anyway- your hearing may have changed some since then.

(from recent experience and all....)

I agreed!

 

[caz12]

i got vertigo would I sue the roofer who employs me even looks at my work it great work but he fails to notice they all bungerlows and one story flats.This roofer only do sky scrapers HE HAVE EVERY right to sack me but he did employ me on my past work.. Was i idiot to apply for job or Roofer fool not to notice my work and ask me why.Just get another job or do some study and get better job...sometimes need be harsh in this world

 

[Sabiya]

i got vertigo would I sue the roofer who employs me even looks at my work it great work but he fails to notice they all bungerlows and one story flats.This roofer only do sky scrapers HE HAVE EVERY right to sack me but he did employ me on my past work.. Was i idiot to apply for job or Roofer fool not to notice my work and ask me why.Just get another job or do some study and get better job...sometimes need be harsh in this world

It's a completely different story. If he fired you BECAUSE you have vertigo and it actually impeded your job in any way, then he's okay to fire you. But if he fired you because you have vertigo BUT you did all the work perfectly fine (bungalows AND skyscrapers) with or without minor difficulties that can be corrected through accommodation, then that's illegal.

In this country, no one can fire you based on your disability if you can do the job with or without accommodation just perfect, that's illegal. I have several months experience in call centers and I was able to do the job with or without accommodation just fine, I've also done customer service jobs in noisy environments just fine. Heck, I even won work-place related awards and had some of my bosses put me on the fast track to promotion because I was pretty good at what I did.

What this guy did in January, firing me after two hours based on my accent (which could be argued a deaf accent too since he did not specify), was illegal. He had no reason to fire me, my accent didn't impede my work because at the time I was just taking notes. Nor did he see me in "action" on the phones calling customers and taking names

From his point of view, he has zero reason to fire me due to my accent because he DID NOT witness my accent impeding my job, it was way too early to even tell IF it would've impeded my job! So what he did was illegal under the ADA and/or EEOC. So yes, I have the right to file a claim against him or sue if the EEOC gives me a right to sue letter.