Remedies for Discrimination Against Minority Temps

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Date: November 27, 2001 at 01:45:46
From: webmaster
Subject: Remedies for Discrimination Against Minority Temps

the following discussion is based on personal experience and observation and is not intended as legal advice

In general, if an agency is not receptive to you as a minority, it probably means that it has gotten some kind of indication from its "CLIENT" that it does not want to see minorities (as in the case in which it was disclosed that a temp agency coded its accounts to show what minorities its clients did not want to see).

However, in most cases, what the temp agency regards as its "CLIENT" is usually some low level bitter bitch that the MEN, who are actually running the company, shoved down into Clerical/Administrative just to keep her dumb ass out of the way.

If no temp agency you register with will send you to a certain client, you can almost count on the fact that that client has either stated or implied that it doesn't want to see minorities.

The most common remedy for this kind of discrimination against minorities seeking to get work temping is the fact that there is a lot of work and that there are a lot of other places to temp at other than the clients that don't want to see minorities. Why waste your time banging your head against the wall over a few companies, when you could be making money somewhere else.

The EEOC does not really seem to be into racial discrimination complaints. It seems as though the EEOC falls all over a group of White females charging sex discrimination and/or a group of Old White Males charging age discrimination, but the EEOC does not really seems to want to be bothered with race discrimination complaints.

Based on my personal experience, if you attempt to file a discrimination complaint against a Client of a temp agency, the EEOC will do everything in its power to convince you to file your complaint against your temp agency instead.

If you file a discrimination complaint against your temp agency for shit that the Client did, the EEOC will then dismiss your complaint because the agency didn't discriminate against you. If after the EEOC dismisses your complaint you file a lawsuit with the Court, the Court will likewise dismiss your complaint because the temp agency didn't discriminate against you.

If when filing a complaint with the EEOC you insist on naming the Client as the party to your discrimination complaint with the EEOC, the EEOC may either refuse to take your complaint altogether or it will take it and then dismiss it with a statement that there is not evidence that you were discriminated against.

NEVER FILE A COMPLAINT WITH THE EEOC UNLESS EITHER YOU HAVE A LAWYER OR YOU ARE A LAWYER. And if you have a lawyer or if you are a lawyer, why would you fucking waste your time with the fucking EEOC? As I understand it, it is still possible to file a discrimination complaint directly with the court under Title 42 Section 1981 (where it will be promptly dismissed by a federal judge).

If some entity (a temp agency, a client or anyone else) is preventing you from making a living, you have a case for a lawsuit and you don't need to use RACE as the basis for the suit (even if you suspect that race is the motivation for the interference).

It is my personal experience, that filing a racial discrimination complaint will only guarantee that your complaint or lawsuit will be dismissed. Even if you file a lawsuit that does not even mention race (and you are a minority), the defendant may still try to convince the Court that your lawsuit is really a discrimination complaint in order to get the complaint dismissed.

If you suspect that a CLIENT has indicated that it does not want to see minority temps, the remedy I suggest is to write a letter to the EEO officer of the company. If the Client has only White Temps, the EEO officer will probably take immediate action to correct this.

If you have actually worked for the Client and the Client blackballs you in someway with your agency because of your race, "interfering with your contractual relationship with your employer (your temp agency)" is in and of itself a legitimate reason for filing a lawsuit directly with the court. In this situation, there is no reason to mention race nor to bother with the EEOC. Small claims court only allows for $3,000 maximum award, but it is a perfect forum in which to proceed without an attorney.

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