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.
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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.
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