Legal beagles: How far can a repug boss go?

[HEIL PRESIDENT GOD]

I have a friend who has suffered discrimination at the hands of her repugnantklan boss. I hope someone in the legal field can tell me if the discrimination is actionable. It sounds like it to me, and I'd really like some ammo to convince her to pursue it.

My friend "Marcy" manages the wine department at a chain import store. She is 40 with three kids, working on a bachelor's degree. At one point Marcy's boss dropped her off at home and saw a Kerry-Edwards sticker on her door. "Oh my god, you're one of THEM," was her reaction.

Since that time there has been a pattern of discrimination. Almost all the employees are students; the boss accommodated everyone's school schedule except for Marcy's. "It's okay because they're young but you should have got this done a long time ago," were her (the boss') words.

At other times she has remarked that a man should really be doing Marcy's job because there is lifting involved.

I know this is on the borderline and not a big money case. But is there some kind of injunction that could be sought to get this retail Hitlerette to shut up?

[Stephanie]

1. At 40 she qualifies for age discrimination

She just makes it - the cut-off is 40, IIRC. If the boss accomodates the younger workers but not her she has a pretty clear case, I would think.

http://www.eeoc.gov/facts/age.html

[Just Me]

7. I agree, Stephanie. IF the boss accomodates younger workers,...

,...and an even stronger case IF the boss hires a younger worker to replace her.

Of course, these are never sure-thing cases depending on the general social attitudes in the area and judge and so forth. Also, they can drag out for a long time and be emotionally draining.

[napi21]

2. What state are you in?

It matters, becasue if you live in a right to work state, Marcy's boss can do any of this including firing her with no problem.

edited for spelling. ;o(

[HEIL PRESIDENT GOD]

4. California--so probably not

But in a brief stint working at a union I was told that they CAN and WILL fire for political reasons here, no questions asked.

[IChing]

12. california has strong laws

she has a case. I know have her call her democratic representative, house or senate

[eyesroll]

8. Actually, in a right-to-work state, you still can't get fired because

you're a female or over 40, but that's damn hard to prove.

"Oh, I fired her because she couldn't lift 50 pounds repeatedly."

It then becomes he said/she said, and the burden is on her to prove actual discrimination.

[Ms. Toad]

10. The recent Supreme Ct case helps here

If the requirement (lifting 50 lbs repeatedly) disproportionately impacts workers over 40, that is age discrimination even if the requirement was not put in place to permit discrimination based on age.

[AllegroRondo]

3. It really depends on what state you are in

if you are in a 'right to work' state, she can get fired for pretty much any reason and can't do anything about it. The only exception is if the employer violates the federal anti-discrimination laws (age, gender, race, handicap). Firing someone for their political views is not protected.

[AP]

5. You just described age and sex discrimination.

The motivation might be politics, but the manifestation was age discrimination (the young people get the break, the old person doesn't get the same break because she's old) and sex discrimination (wants the man picking up boxes).

So, if she gets fired, she probably has a pretty good claim.

But an injunction to get him to shut up? Hmm. Not sure about that.

The best thing to do is to gather the evidence, just in case something does happen. Ie, get affidavits from anyone who heard the boss say those things (or at least get their names and addresses).

I bet there's a free emplyee's rights legal clinic that could give advice on things your friend could do to protect herself and preserve a successful claim, and if something actionable happens, then get lawyered up.

[Snotcicles]

6. Tell her to start keeping a log of everthing said

that could be discriminating, include dates and times and who was present. I'm no lawyer but it's always good to have documentation.

[HEIL PRESIDENT GOD]

9. The good news is...

She's a creative writing student and an obsessive journal keeper.

[osaMABUSh]

11. I've got a similar situation

Repuke boss who knows I'm a lib Dem. Actually he's my boss's boss and controls all the pay raises and promotions. I've gotten several years of excellent reviews from my direct boss but minuscule raises (1 or 2%). Finally, this year and I went in and told my boss I need to make x$ dollars (like a 25% raise) - she was a little shaken up with my boldness but completely agreed that I am underpaid. So she went to her repuke Boss who apparently disagreed with us. I am not sure exactly what he said but it was a few weeks ago and I've gotten no further feedback. My assumption is that he just doesn't like me and they will let my demand die.

I don't think I can make a case but am wondering what my next move should be?

[B Calm]

14. Your next move should be to get revenge! Play dirty jokes..

[bush_is_wacko]

13. I'm no legal expert but I lost my job over a FUNDIE in October

I got squat over the whole thing. I have been told I should of hired a lawyer, but honestly, the stress was killing me. I wanted to leave it behind me. From what I hear now, I made the right decision. Eventually, they DO pay for what they do, if that is ANY consolation.

I'm happily employed elswhere not and the only time I think about it is when someone else brings it up!