Full question:
I am 58 years old and have taught 32 years (long enough to receive a longevity bonus). I was threatened by my boss last June, when I returned from cataract surgery and an automobile accident, that I would be and have been bullied daily and threatened at work (affecting my health) and finally bullied/forced in to early retirement after a long and successful teaching career. As I have unexpectedly been strongly advised by my doctors and re-threatened by my school district and advised by the teachers union(due to my health, from the stress incurred at work, I am on medical leave suffering post traumatic stress panic attacks after testifying for my school district in Federal court (after a stellar teaching career... curriculum specialist, Outreach Consultant, Title I Resource Teacher ( No Child Left Behind), BCC Credentialed Bilingual and English as a Second Language Teacher and Trainer, Reading Specialist and Literacy Coordinator) into this position, I have found out some things that I would consider age/racial discrimination against me by my employer and by the, the Santa Ana Educator's Association California State Teacher's Retirement system. By retiring at age 58 instead of 60 or 65, I am receiving 70% of my salary, instead of the usual 85-90% (@ $20,000/ year difference - If I had raised my children; then taught the same number of years, I would be 60-65 and receive @ $20,000 a year more. In addition, due to retiring 'early', I do not qualify for medicare or social security, so I must pay $400/month for insurance). As California is trying yet again to cut educational spending, this seems like 'age' discrimination. The threatening letter of reprimand, I received from my school district, siting 'lies' about racial prejudice ( I am hispanic) also reeks of discrimination. I was advised to simply retire by my doctors (I have developed an arythmia due to the bullying and stress at work) and the union, since the district involved children while I have been out on medical leave... It seems that my retirement pay should be based on my longevity (which I already have) not my age and that I have been discriminated against and threatened due to my health, age and race. Do you think this is an issue worth pursuing for loss of health and wages, anxiety, etc. I am still on medical leave and will be retiring on January 31st. I am in danger of losing my home due to the unexpected $20,000 less per year and the additional $400 per month in insurance.
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: California
Answer:
Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, sex, national origin, and religion. It applies to most employers with more than 15 employees, including labor organizations and employment agencies. Under Title VII, it is illegal for employers to retaliate against individuals for opposing discriminatory practices or for participating in investigations or legal proceedings related to discrimination.
The Age Discrimination in Employment Act (ADEA) protects employees over the age of forty from discrimination based on age. This includes guidelines regarding benefits, pension, and retirement plans.
If you believe you have experienced workplace discrimination due to your race, age, or health, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). Complaints must generally be filed within 180 days of the discriminatory act. The EEOC will investigate the complaint, and if they find reasonable cause, they will attempt to resolve the issue. If no resolution is reached, they may take legal action or you can file a lawsuit independently.
Given your situation, it may be worth pursuing a claim for discrimination and the impact it has had on your health and finances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.