Retaliation in Racial Discrimination Case Causes Injury...

by Martin
(Colorado Springs, CO)

I was several months into a federal Equal Employment Opportunity Commission (EEOC) racial discrimination in non-selection case. I was working and asked a supervisor that was part of the discrimination case for help jacking up a trailer and he said no. I was ordered to get the trailer off and get help from another officer.

I was struck in the face causing damage to my teeth and jaw. Workers comp paid $4,000 dollars in dental work. I have statements from witnesses and another supervisor who asked him why he did not help me and he stated he thought I didn't need it. I asked twice for help and he was aware of EEOC activity.

I have several other incidents (5 in total) but there was only one where I was injured. I have a settlement conference coming up. Do I have a case for retaliation which caused me to be injured? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Retaliation in Racial Discrimination Case Causes Injury...":

Martin (Colorado Springs, Colorado):

The facts you present don’t appear substantial enough for us to see any grounds for a retaliation case.

The other officer didn't take any affirmative action to cause you to be injured. He decided you didn't need any help. He may have thought his decision was a sound one. Mistaken though it may have been, there doesn't seem to be any evidence of retaliation.

He would have to do a lot more than tell you to get someone else to help you, or just decide not to help at all.

If you thought you needed help to jack up the trailer and the other officer refused that should have sent a message to you that the jacking of the trailer was at least a two man job to do it effectively. And with that knowledge you decided to proceed anyway.

Your actions indicate you were the negligent one. If you decided to jack up the trailer knowing it was a two man job you brought the injury upon yourself.

Knowing the jacking up of the trailer was a two man job, you should have walked away from it once you knew you were not going to recieve any assistance from that officer or from anyone else.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Comments for Retaliation in Racial Discrimination Case Causes Injury...

Click here to add your own comments

Retaliation in Racial Discrimination Case Causes Injury...
by: same person

The officer stated no and I have witnesses and statements. He just refused to help me and gave me no reason.

I did have another person but I knew I needed more help. I was being safety minded in asking for assistance. The tools were right for the job.

Addition to post...
by: Anonymous

He decided to not help at all. Does that make it retaliatory?

Click here to add your own comments

Return to Employment Discrimination Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION