Discrimination in the workplace while waiting for I140 and 485

P

patience97

Registered Users (C)
My company filed for my I-140 and 485 concurrently in Jan, so I am two months in the process.

Meanwhile, I have a new boss who has made derogatory remarks about India in front of me and how he thinks Indian people cannot be expected to be good sales people in the US culture. He made this comment about a colleague of mine in front of me and immediately after that asked me if I was a US citizen. I got a feeling that he felt the same about me but couldn't say it loud.

I am from India and have done very well in this company for the past almost two years. I find the above comment even more hilarious considering my company is based on the offshore model and this guy's bread and butter as well as everyone else's in my company comes from business in India.

He made this comment in front of me about a colleague of mine who he is going to fire. For obvious reasons, he will not cite this as the reason while firing him.

He does not want to fire me right now as I m sitting on a ton of business for the company, but who knows what he will do two months from now.

I am willing to adjust with all the changes he will bring in as far as my professional life in the company is concerned but, I am not willing to let such statements be made in front of me.

I am thinking of filing a complaint about him with HR as well as take this further if need be.

Any suggestions - should I just shut up and wait till my I140 is done and then leave or should I take this action. How do you think this will affect my I140 and 485 application if I take an action.
 
Take It Easy, You Run into these Pigs Everyday

Take it Easy,

Thes pigs have bias, jealousy and job security problems....
This may be new to you. Everyone in the world feel threatened by Indians (tech savy).
It is better you NOT let your ego get in the way of career.
There will come a time when you can give it back to these guys...when your own status is secure. (SOON)

They can cry and make racist remarks all they can...the fact of the matter is Indians ar giving them tough comptetion. They have to compete in the global market or else shut down their shop and ship business to India.

Be smart and bit the bullet for NOW....Pay back time will come SOON.
 
I agree, be quiet till u get GC

Patience, U need to be more patient!! Let ur GC come, then go after this racist!! Now, u don't need more trouble I guess!
 
P97,

I am a Senior manager working for a very big multi-national corporation.

Be sure about one thing - the HR ALWAYS works for the manager. That is the job of the HR - to protect the Management.

Never ever think you can have HR on your side against the Management. [Exception - the manager's manager is against the manager...]

The only way these people can be taught a lesson is by a law suit. But in your current situation you cannot afford to have one. LOTS of preparation is required BEFORE you file a law suit. Witnesses, daily log etc etc. Again - you do not know who to trust ... there are many who will encourage you but secretly update your boss about your plans/moves.

There are law firms who will take your case on a contingency basis - you pay nothing ... they take a % of damages awarded. But keep this for the future.

My advice - stick it out.
 
p97

get your GC and switch jobs. lawsuits are not for everyone ie even if you ultimately"win", the process may rob you of your peace of mind (and in some cases your body and soul - ie if you work for Gotty or Ms. Cleo respectively!!!) Good luck! and kaaal me now:D
 
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Thanks a lot guys for your valuable advice.

At times I think I should just file a complaint with the Equal Employment Opportunity Commission (EEOC) if it gets too much. They get tons of these cases and take about 90 days to sort these cases out from the time they are filed. Filing with the HR is no use I completely understand.

I think I will stick it out for now and leave once my I140 is done. May be even get more proof till then and file a complaint when I leave. After 6 months, I don't think I am bound to stay with this company any way.
 
Patience97 - Please Read

Guys:

This seems to be all made up. Patience97, if you wanted suggestion regarding leaving company before I-140 approval, just ask and am sure people will give the best possible suggestion.

Your story is incredible!
 
made up?

i certainly do not think it is "made up". Do you think if p97 wanted suggestions about just leaving his company he would be crafting such a story , where as he could have been pretty upfront on this forum. I do believe him, and if you have'nt been through what he is going through , either you have been incredibly lucky, plain ignorant or a pretty thick skinned guy.
peace
 
Well M101 - I don't think I find your comment even worthy of a response.

As if there are not enough people to give me or others on this forum advice on whether or not to stay till my I140 is done.

Thanks Jhunjhun for putting in a good word on my behalf.
 
P97,

I have seen people going through worse than what you describe.

If your boss says "Stop GC for P97" - the HR / Legal will do exactly that ... withdraw your I140...there is no way out.

Filing a complaint with EEOC will not help if you donot have witnesses/evidence. Most of the EEOC verdicts are in favor of the employer UNLESS the complaint is of a "class action" nature and has a potential of media coverage.

DO NOT take any action NOW. Collect evidence, find out very discreetely who will be "good" witnesses, maintian a diary/log of every such incident - date/time/who else were present/what was the comment/ etc.. [Note that you will rarely get a "white" person supporting you against another white person in a racial harrassment case. ] These records will come handy in future if you plan to sue. There is a statutory limit of 365 days.

You definitely need to wait till I140 approval. Try to get copies of LC and I140 documents/approval by maintaining an apparent good relation with your boss. If things are unbearable, you can leave after that. When you sue - you can cite "constructive discharge" as a reason for leaving the job - circumstances were created which forced you to change employer.

HOWEVER - there is a risk if you sue. No employer wants to hire a person who had sued his/her employer - however justified the cause may be. This will go on record for the rest of your life. The same holds true if you file a complaint with the EEOC. This is reality.
 
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