What do I need to prove I was discriminated against?

Sabiya

Sabiya

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About two months ago I was hired at a call center, everything was hunky dory and I was in the middle of training. A hiring manager came in and said that this was a hard position to fill because while there's a lot of us, he's going to have to weed out some people.

He asked all of us to state our name and what we did before we came to the job. I said my introduction and that was it. This was the first day of training, so no one was on the phone just yet. When lunch break came around he asked me into his office!

This was the gist of the conversation, word for word, as much as I can remember (luckily I wrote it down two hours after):

Him: As you know, our company does a mass hire and then we weed out some people because we only hire the best, right?

Me:... okay?

Him: Unfortunately I'm going to have to let you go

Me: Why?

Him: You have a weird accent, I can't place it, but I feel that if we put you on the phone right now you'll have a lot of people hanging up on you because they wouldn't understand you. So instead of wasting your time and our time by going ahead and hiring you only for you to not succeed like we wanted, it'd be better if you leave now.

Me: What do you mean by weird accent? I've done call centers before and even sold with no problems! I've only had a few hang up on me, usually from the midwest and the south, but I couldn't understand them either... that much is true, but it was only a few! I still did the job and was able to meet quotas--

Him: I get it, but that weird accent of yours could cause some issues... I can't place it.

Me: Maybe you're hearing a NY accent? I am from NYC and just moved here about a decade ago, so it's a mix between the two?

Him: Sorry, I can't say

Me: Unless you're talking about my deaf accent? I am hard of hearing and people DO say I have an accent but it shouldn't impede my job duties

Him: Look, I'm really sorry about this. I didn't want to beat around the bush and instead decided to be honest with you. I don't believe you can do this job or that you're the right fit for the company, you will be paid for the training but we'll have to let you go now.

Me:............. ok.....?

I left after that all confused and kind of relieved he was honest with me. It wasn't until few hours to two days later someone mentioned that what he did was in violation of the EEOC and illegal. My husband mentioned that since he wasn't triangulating on WHAT accent it was, I could hit him with two EEOC violations (national origin and disability) for the wrongful termination.

As for call center jobs and not doing the job duties, he or the company was wrong because I currently work at a call center place again (I don't need the accommodations because the headphones are awesome), and I have no issues with my job. My coworkers and bosses are okay with my work duties. So if that company wants to argue that I would've done a terrible job, well, they have no proof.... I never got on their phones to prove otherwise.

I don't want to wait any longer to file a claim, do I need anything special? I plan to go next week, the whole office conversation was private and there were no witnesses, so it's a he said, she said type of thing. The only proof that I ever worked there is a paycheck from them as well as e-mails detailing that I was hired (plus they have my info in their file I believe).

Anything else? I don't have up to date medical records either, my audiologist never gave them to me, I only have the hearing test results from when I was 7 years old, and they are roughly the same (plus or minus a point or two) results as today (I'm guessing, every time I take the hearing test, nothing changed results wise). Is that good enough?
 
In this case, its ur mouth against their mouth.

Its very difficult to prove, ask eeoc what they think and see where eeoc leads u. They have dealt with these **** all the time and they have better idea whether u got case or not.
 
Ok thanks.
Over the years I've been denied employment, and denied promotions/raises due to being hard of hearing. This was the first time I got fired over something like this. Normally, I would've looked the other way and moved on, but I've had it.

It's people like them that really need to know that they can no longer get away with breaking the law >.<
 
My former co-worker told me that he helped his girlfriend who was also a co-worker to file a complaint to EEO against USPS for sexual harassment. It was not successful so he hired a lawyer to appeal it. After many years, his girlfriend won $104,000 and EEO ordered USPS to fire a hard-working guy who sexually harassed her a long time ago. However the lawyer's fee was $20K that she had to pay for.

My estranged wife who worked for the county of LA filed many complaints to EEO due to act of discrimination and all of them failed since EEO favored the government so she hired a lawyer to make a settlement with the government. In other words, if EEO doesn't favor you, get a lawyer if you want.

I read that a court won't process your lawsuit if you haven't filed a complaint to EEO first.
 
I think it's going to be pretty tough to prove discrimination if you say you are a deaf person who was rejected for a job that is done over the phone.

It really isn't discrimination to not hire you in that type of position.

If you take the tactic that you can hear perfectly well on the phone, then they can't be shown to discriminate against a deaf person.

It' would probably be smarter to get hooked up with VR and get some training for a job you could do well and that would work well for a person with some hearing loss.
 
Bottesini said:
I think it's going to be pretty tough to prove discrimination if you say you are a deaf person who was rejected for a job that is done over the phone.

It really isn't discrimination to not hire you in that type of position.

If you take the tactic that you can hear perfectly well on the phone, then they can't be shown to discriminate against a deaf person.

It' would probably be smarter to get hooked up with VR and get some training for a job you could do well and that would work well for a person with some hearing loss.
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1) I wasn't rejected for the job. They hired me and then fired me due to my accent. (national origin discrimination)

2) My husband said that I could make this a wrongful termination based on disability as well because I have a noticeable deaf accent and I *did* mention it to the boss.

3) The fact that I can hear perfectly well on the phone SHOWS that they discriminated me! My boss fired me due to my accent (he did not specify which accent, my NYC/AZ accent or deaf accent, so it could go both ways), I wasn't even on the phone at that time and prior to the firing, I only spoke one sentence to him. I could not prove to him that I could do the job, he wouldn't let me. No, he didn't even give me a chance. He and the company just assumed that I'd be terrible at the job due to my accent and fired me. My previous job and current job doing that exact same work (call center) proves otherwise that I CAN work at that job, so if they decide to say they fired me because I couldn't do the work.... and yet the courts see that I did the work perfectly fine... they are in trouble!
 
Sabiya said:
1) I wasn't rejected for the job. They hired me and then fired me due to my accent. (national origin discrimination)

2) My husband said that I could make this a wrongful termination based on disability as well because I have a noticeable deaf accent and I *did* mention it to the boss.

3) The fact that I can hear perfectly well on the phone SHOWS that they discriminated me! My boss fired me due to my accent (he did not specify which accent, my NYC/AZ accent or deaf accent, so it could go both ways), I wasn't even on the phone at that time and prior to the firing, I only spoke one sentence to him. I could not prove to him that I could do the job, he wouldn't let me. No, he didn't even give me a chance. He and the company just assumed that I'd be terrible at the job due to my accent and fired me. My previous job and current job doing that exact same work (call center) proves otherwise that I CAN work at that job, so if they decide to say they fired me because I couldn't do the work.... and yet the courts see that I did the work perfectly fine... they are in trouble!
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:lol: Ok. It wasn't due to your attitude or anything, right?

So if you went right on and got a job, what's the big deal? You just hope to get some free money?
 
I'm a little confused about the national origin discrimination claim. Are you from another country?

It might be more difficult to press your case since he did tell you (and all the other employees (?)) at the beginning that they mass hire and then weed people out. In other words, you were hired without any guarantees. In right to work states, employers don't always need to prove a reason for firing.

But only a lawyer specializing in employee issues can really advise you with any authority.
 
Cant please everyone. Everyone has an accent from certain parts of US.

If they hired you in the first place they interviewed you and heard your voice/accent apparently you were good enough to be working there in first place. That manager sounded like a jackass and probably have a case against him if can find all hires that was dropped the first day like you and can testify that they were dropped for the same reason. Maybe its compelling enough to bankroll into class action lawsuit.
 
I never understand why you can hear the phone perfectly? So you are kind of like a hearing person with no hearing loss. No matter if you are hard of hearing or deaf, you still have a deaf accent. If you can hear perfectly on the phone at the Call Center, then you must be from another country. I know you do miss what some people who were talking with you on the phone as you could not make out what they are saying. But then you were familiar with some people who you can understand very well.

But any way, with weeding out people who are looking for jobs and you are out of the job saying that you have a weird accent which mean that he was trying to find the right person to work. He just could not afford to hire all the people who need jobs at the Call Center. So he had to choose which one he should hire without discrimination.

I don't know anything about hiring lawyers. Lawyers are expensive unless you can have a legal aid defense lawyer for the people who could not afford to hire lawyers.
 
Sabiya, It all comes down to this as Reba pointed out, Him: As you know, our company does a mass hire and then we weed out some people because we only hire the best, right? Sorry, you just aren't the best, phone work is no place for the hard of hearing!

Good luck in any other endeavors, and your employment search!
 
got to know limitations cold calling I thought one of them..Sometimes you have suck it up
 
How do we know the manager was just saying they needed to weed out people so he wouldn't look like he was firing just her just because of her accent. And I think firing based in accent is also discriminatory.
 
I did some cold calling late 70's if we not get a sell in two weeks that was it fired,i was fired slave labour hated job just fill in for few weeks.....he may done you favour and you get more appilicable job
 
Sabiya said:
1) I wasn't rejected for the job. They hired me and then fired me due to my accent. (national origin discrimination)

2) My husband said that I could make this a wrongful termination based on disability as well because I have a noticeable deaf accent and I *did* mention it to the boss.

3) The fact that I can hear perfectly well on the phone SHOWS that they discriminated me! My boss fired me due to my accent (he did not specify which accent, my NYC/AZ accent or deaf accent, so it could go both ways), I wasn't even on the phone at that time and prior to the firing, I only spoke one sentence to him. I could not prove to him that I could do the job, he wouldn't let me. No, he didn't even give me a chance. He and the company just assumed that I'd be terrible at the job due to my accent and fired me. My previous job and current job doing that exact same work (call center) proves otherwise that I CAN work at that job, so if they decide to say they fired me because I couldn't do the work.... and yet the courts see that I did the work perfectly fine... they are in trouble!
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I am curious, have you recorded your voice to hear it yourself and do you think your voice would help the business?
 
When you got hired, and got fired, okay, did you sign any forms or agreement when you got hired? If this is the case, look for "At-will employment" clause. If you do find that, then your pretty much SOL

Sometimes there is a page long contract where only one sentence nullified the whole agreement with just one simple sentence and that is called "At-will employment", it is often buried deep somewhere in the contract(Intended to confuse you and may easily overlooked. There is pros and cons about "At-will" employment, the pros is that you could be terminated AND qualified for unemployment benefits after 6 months (almost) regardless of why (The exemption is if you break any law like start fighting, stealing, using drug while on site, etc). Second pros is that if you decide quit, employer can't say to your future employer any negatives but just fact on time you work for, thats all. The cons are, it is nearly impossible to sue that employer with this kind of agreement.

Friend of mine got terminated, it was wrongful termination BUT the problem is there is "At-will" clause on employment contract. His attorney told him that the contract was very well written and it is nearly impossible to sue for any reason.

On darker side, if you DO sue that company (Whether you win or not), your likely going to find yourself impossible find any job in future because most employer will know you sued in the past (It is in public records, no way to hide it), and it scares them from ever hiring you.

If I were you, I would chalk up the loss and move on (Yes, it means forget about suing). I have signed "at will" employment agreement and I am glad that I did because I had to abruptly leave the company. Now that they can't mention why I left them even they knew why.
 
diehardbiker said:
When you got hired, and got fired, okay, did you sign any forms or agreement when you got hired? If this is the case, look for "At-will employment" clause. If you do find that, then your pretty much SOL

Sometimes there is a page long contract where only one sentence nullified the whole agreement with just one simple sentence and that is called "At-will employment", it is often buried deep somewhere in the contract(Intended to confuse you and may easily overlooked. There is pros and cons about "At-will" employment, the pros is that you could be terminated AND qualified for unemployment benefits after 6 months (almost) regardless of why (The exemption is if you break any law like start fighting, stealing, using drug while on site, etc). Second pros is that if you decide quit, employer can't say to your future employer any negatives but just fact on time you work for, thats all. The cons are, it is nearly impossible to sue that employer with this kind of agreement.

Friend of mine got terminated, it was wrongful termination BUT the problem is there is "At-will" clause on employment contract. His attorney told him that the contract was very well written and it is nearly impossible to sue for any reason.

On darker side, if you DO sue that company (Whether you win or not), your likely going to find yourself impossible find any job in future because most employer will know you sued in the past (It is in public records, no way to hide it), and it scares them from ever hiring you.

If I were you, I would chalk up the loss and move on (Yes, it means forget about suing). I have signed "at will" employment agreement and I am glad that I did because I had to abruptly leave the company. Now that they can't mention why I left them even they knew why.
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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.
 
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