This belongs either here or in IMHO, but I think this question would have a definite answer rather than just opinions to it.
Where I work, we’re considered a federal contractor because we accept Medicaid/Medicare money. We’re also mostly all White Protestants (or closet atheists), with just a few Catholics thrown in for good measure. So I’m kind of used to hearing stereotypical racist comments in the community. We’re just not that cosmopolitan. In a meeting, in front of ~ten people, a member of management made a discriminatory, racist comment about the owners of our company (explaining why we couldn’t get certain resources that were asked for). So my question is, did management violate federal law or their contracts in making such comments? I plan on reporting this internally, because there is a history of such statements from this person, but I don’t know if they will be reprimanded. Would a federal office be interested in this behavior?
I’m so very unqualified to give any kind of legal advice that I’m not really worried this comment would be construed in that way. So here goes:
Your company isn’t allowed to discriminate against people based on race, color, or national origin (among many other things). The Department of Health and Human Services enumerates some of the rights your patients have on this page.
As far as I can tell, there’s nothing in the act that says the management can’t be racist jerks as long as they don’t conduct business in a racist way. If the comments are part of a larger pattern of discrimination, HHS would be interested in them as evidence, but if the company is fulfilling its obligations in a non-discriminatory way, they aren’t breaking the law or their contract.
Now, if you’d like to investigate whether the company is breaking any equal opportunity laws in its hiring as evidenced by the fact that all its employees are white, that’s another issue.
If they said something about ‘We didn’t make the cut due to lack of Equal Opportunity Hiring’, that’s a fact, not a racist opinion. In order for something to be actually racist, it needs to be opinion, not fact.
I asked about adding personnel to help acheive goals, and I was told that we “work for a bunch of Jews, so there is no money in the budget for labor.” I do not feel hiring practices are racist, as we don’t have the labor pool in the community to hire a member of every conceivable group. But I feel attitudes and comments made by this one person have been very out of hand, especially for a member of management. And actually, yes, the owners of our company happen to be Jewish. Nothing that ever made any difference to me, but something some have apparently taken note of.
Well, golly, it sounds like you don’t have to go as far as reporting this to an overarching authority; if I found out that one of my employees referred to me in racist terms, I’d solve that problem in-house. Now all you have to do is figure out a way to get the word to the owners in such a way that it doesn’t blow up in YOUR face.
Not that I heard, Cartman. But in the same week I was fortunate enough to hear this person refer to one of my co-workers as a ‘dumbass,’ and was cussed with a stream of vulgarities when I questioned one of this person’s new ideas. It’s really been over the top in one week’s time, and I think this person doesn’t have what it takes. If there’s no tongue control within the department, I can’t expect it when it comes to dealing with our customers.
This. I recommend writing down everything you hear from the person, and sending in an anonymous letter to the guy’s immediate boss, cc’d to everyone in his chain of command, right up to the top. IANAL, IJaAGotI*****
Well…I got fired.* For reporting this and other such incidents regarding this person. Even though the Human Resources officer stated they wanted to know if I or anyone else suffered retaliation for speaking with them. But when I called them, they refused to answer/return my calls.
*Well, not really, but I got cut from 45 hours to 4 hours a week in the shitty/pissy laundry, which I refused, and is just as good as being fired. It’s in the hands of the Gov’t now.
Holy shit. That is terrible. :mad: Does “hands of govt” imply you can take legal action? I hope so and I hope things improve for you as you have been treated really badly just for behaving well. No, I don’t expect to hear more detail on here if legal action happens, but my best wishes anyway.
It all depends upon your jurisdiction. The Federal Acquisition Regulations do not protect against discrimination of the higher ups in a company, only the employees. It also prohibits the discriminatory exclusion of any subcontractor from fair opportunity to bid on a competed task. I’m not aware of any FAR clause, statute or regulation which would address a management-level employee insulting the owners of the company. If there were any Jewish employees working fro the manager, they might have a case.
I also can’t see any protection for you under the Federal Whistle Blower’'s act. Unfprtunately, you didn’t report this to the Federal Contracting Officer, but to the comapnies internal HR rep. You may have a case under your state employment law, especially if the company’s employment handbook or other official document guaranties protection for those who report unethical behavior. Check your handbook and ethics policy (most Federal Cotnractors are required to have one.)
Did I mention I’m not a lawyer? Case law is a whole 'nother bag of tools, and you need someone on your side who knows it. I would start with your local employment board, and possibly the ACLU.
How unfair.