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[–] Onlio 0 points 11 points (+11|-0) ago 

If you go to HR, they flag you for something else. Discuss with a lawyer first

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[–] zwy [S] 0 points 2 points (+2|-0) ago 

I'm guessing I should try to get something from my boss in writing first?

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[–] Onlio 0 points 1 points (+1|-0) ago 

I will bet he won't put it writing. I'm sure that's why he TOLD you. No paper trail. You still should go see an employment lawyer. They probably will have some good advice on what to do next.

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[–] zambeezy 0 points 2 points (+2|-0) ago 

Do you want to keep working there? If no, get yourself fired and then hire a lawyer and say you were fired because you were white. Show them your review with the low rating for the color of your skin.

If you do want to keep working there, don't do anything. You can mention it to your boss but be prepared that he/she may not like that and may fire you or make your job worse.

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[–] BLUFALCON78 0 points 3 points (+3|-0) ago 

OP said he was rated low and only verbally told it was because they are white. Hard to prove that happened.

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[–] zambeezy 0 points 1 points (+1|-0) ago 

Oh I must have missed that in his post. Yeah that would be impossible to prove in court.

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[–] 2012344? 0 points 0 points (+0|-0) ago  (edited ago)

No, it's not that hard prove. He said he got a low rating on his performance review which was in writing. He was told verbally that it was because he was white. If an attorney took the case he is going to have a lot of tools at his disposal to show that it is more likely than not that OP's side of the story is true. Remember, you start at he said/she said 50/50. Assuming OP's story is true, without a massive cover-up depositions, e-discovery, witness interviews, etc. should easily be enough to push that to 51%; and with a massive cover-up, all the missing documentation would be persuasive. It would likely settle long before going to trial anyway. OP needs to talk to a civil rights or employment lawyer.

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[–] lettersofmarque 0 points 0 points (+0|-0) ago 

Any updates, OP?

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[–] zwy [S] 0 points 0 points (+0|-0) ago 

FYI I tried very hard to get something in writing to no avail...not sure if I will take any other action yet.

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[–] lettersofmarque 0 points 0 points (+0|-0) ago 

That makes a case difficult but isn't expected. You may want to speak to a local attorney anyway just to see what advice is offered. A discriminatory compensation or benefits system is prohibited by statute.

EEOC COMPLIANCE MANUAL - CHAPTER 3: EMPLOYEE BENEFITS Under Title VII, employers may not consider a person's race, color, sex (including pregnancy), national origin, or religion in determining:

  • eligibility for;
  • amount of; or
  • charges for

employee benefits.

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[–] zwy [S] 0 points 0 points (+0|-0) ago 

Not yet, but soon hopefully...

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[–] Bfwilley 0 points 0 points (+0|-0) ago 

That depends are you offended or envious?

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[–] zwy [S] 0 points 1 points (+1|-0) ago  (edited ago)

Disappointed or depressed would be a better word. It's racism and my boss didn't get it when I explained that to them. This is a pretty structured rating system so it can influence my bonus, ect.

I want the diversity rating to be removed and for the merit based ratings (which I scored high in) to stay.