Department Reorganization

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Latest post Wed, Oct 21 2015 11:51 PM by Semon Sehal. 8 replies.
  • Thu, Mar 12 2015 11:12 PM

    • Masten50
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    Department Reorganization

    I work in a department that consists of approximately 35 technical and managerial staff.  We have been notified that our department will go through a reorganization to better serve our clients.  Specifics were not given as to what upper management felt were shortcomings.  We have to be rehired for our jobs.  Let us say that when the new job descriptions are posted and they are crafted in such a way as to get rid of a protected employee?  Would that constitute discrimination?  Is "reorganization" basically just a legal way to get rid of a minority?  Let us say that the minority has not given them any cause and is qualified for the current job description.  And they then reword that description just specifically to make this person "unqualified" when he tries to reapply for his position?  Is that descrimination?  If there are only two minorities out of the 35, and the only one that was not rehired was a minority, does that create grounds for a claim of racial discrimination? 

  • Thu, Mar 12 2015 11:28 PM In reply to

    • DOCAR
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    Re: Department Reorganization

    You would have to prove that the reorganization was racially motivated.  While what you have posted could indicate that was the reason, there are undoubtedly other motivations that will be put forward by Management.  If the reorganization's results are what you fear, file with the EEOC.  Only after they give you a right to sue letter, which they do 99% of the time because there are too many claims and too little staff to investigate all of them thoroughly, can you sue the employer.

  • Fri, Mar 13 2015 3:14 AM In reply to

    • Masten50
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    Re: Department Reorganization

    Are asians and hispanics considered minorities?

  • Fri, Mar 13 2015 5:44 AM In reply to

    • Drew
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    Re: Department Reorganization

    I think that's an odd way to redesign things..but as you post it it seems far from illegal.  If they were unhappy as to how Bill performed they were free to,terminate him, if they sought to redesign the job and he didn't fit, they need not retain him.  So far you are a long way from proving the exit was motivated on any illegal grounds. 



  • Fri, Mar 13 2015 9:20 AM In reply to

    Re: Department Reorganization

    Masten50:

    Are asians and hispanics considered minorities?

    It doesn't matter if they are considered "minorities." Federal law prohibits discrimination based on race, regardless of whether that race is white (currently the majority race in the U.S.) or some other race (e.g. Black, Asian, Hispanic, or whatever). If the reason for the employer’s action was solely due to the race of the employee then it was illegal race discrimination. If the employer had a business reason for doing it, however, then it was not illegal race discrimination. That would be true even if the adversely affected employee were white. 

    But understand that just because the one person not hired was a different race than most other employees does not itself prove race was the motivating factor here. There may be other reasons at work here, like the employee simply not having the needed qualifications for the job. 

  • Fri, Mar 13 2015 9:30 AM In reply to

    Re: Department Reorganization

    Masten50:
    Let us say that when the new job descriptions are posted and they are crafted in such a way as to get rid of a protected employee?

    Despite your use of a question mark, this sentence is not actually a question.  If you intended a question, I cannot discern what you intended to ask.  I also don't know what you mean by "a protected employee."

     

    Masten50:
    Would that constitute discrimination?

    I have no idea for the reasons noted above.

     

    Masten50:
    Is "reorganization" basically just a legal way to get rid of a minority?

    I can't tell if you're asking a general question about what "reorganization" means or if you're asking a question specific to your employer.  Needless to say, folks on a message board have no way of knowing what your employer intends.  Equally as obvious, a "reorganization" may be completely benign or it could used for a discriminatory purpose.

     

    Masten50:
    Let us say that the minority has not given them any cause and is qualified for the current job description.  And they then reword that description just specifically to make this person "unqualified" when he tries to reapply for his position?  Is that descrimination?

    I don't really know what you've got in mind here.  However, if the employer takes some action that results in the termination of an employe solely on account of the employee's race/ethnicity/national origin, that would be illegal.

     

    Masten50:
    If there are only two minorities out of the 35, and the only one that was not rehired was a minority, does that create grounds for a claim of racial discrimination?

    I think my answer above answers this question.  However, this question suggests that you think that anytime anything bad happens to a "minority" (whatever exactly that means), it constitutes racial discrimination.  I can only say that, if you do believe that, it is an objectively absurd belief.

  • Fri, Mar 13 2015 9:35 AM In reply to

    Re: Department Reorganization

    First of all, the term "Asian" encompasses a huge number of races/ethnicities, so it it completely vague.

    A "minority" is anyone who is not part of the "majority."  In the context of race/ethnicity, if there are 35 employees and 18 are Caucasian, then everyone else is a "minority."  On the other hand, if there are 35 employees and 11 are Caucasian, 8 are black, 10 are Oriental, and the other 6 are Hispanic, then there is no majority.

    But your focus on the term "minority" is misplaced because the term has no legal significance.

    If employment decisions are based on race/ethnicity/national origin, then they are, in almost all cases, illegal.  Even if there are 33 Caucasian employees and one Oriental employee and one Hispanic and one of the 33 Caucasian employees (of Danish descent) is fired because the boss is of German descent and doesn't like people of Danish descent.

  • Fri, Mar 13 2015 4:14 PM In reply to

    • cbg
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    Re: Department Reorganization

    While I disagree with Drew as often as I agree with him, this time I think he's spot-on. It boggles the mind to think the employer would go to the cost, time and effort of a departmental reorganization for the sole purpose of firing "a minority"  when he could quite legally say to the guy, "Dave, your services are no longer required. Here's your final paycheck and don't let the door hit you on the way out".

  • Wed, Oct 21 2015 11:51 PM In reply to

    Re: Department Reorganization

    Yeah, its demotivating

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