Workplace Discrimination Lawsuit Grounds

Summary

The user, a cart pusher at Walmart, believes he is being targeted at work due to his age and lack of mental issues. He is frequently assigned tasks outside of his job description, which he feels is discriminatory. He has reported the issue to HR and is considering seeking legal advice. He has coworkers who could vouch for him. He is located in Missouri.

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i want to see if I have grounds for a discrimination lawsuit
Can you provide more details about the discrimination you've experienced? This will help me understand your situation better.
I do a physically demanding job. I’m the youngest and I have no known mental issues. All my coworkers are older than me and one might have a mental illness. One of my managers has been asking me the most to do stuff that is out of my job description and more demanding. I feel as if I’m being targeted.
Have you reported this issue to your HR department or supervisor? It's important to have a record of your complaints.
I did today
What was the response from your HR department or supervisor when you reported the issue?
they said they would look into it
What kind of tasks are you being asked to do that are outside of your job description?
over the past 3 months I’ve been told to clean the parking lot. Cleaning a room that I have no correlation with. And a lot of small stuff
What is your job description and does it include any clause about performing tasks as assigned by your manager?
My job is a cart pusher and I don’t know
Do you have a copy of your job contract or description that you could review to see if these tasks are included?
I have informed hr
I have told HR
What was HR's response after you reported the issue?
she said that she would look into it
she said that she would look into it
Has there been any follow-up from HR since they said they would look into it?
I just told them today so no
What is the nature of the tasks that are being assigned to you which are outside of your job description?
cleaning the the parking lot, cleaning a room that I have no association with, and a lot of other things over the past few months
Are these tasks being assigned to other employees as well or just to you?
mainly just me, every now and again they will assign them to other people
What is the frequency of these tasks being assigned to you compared to your colleagues?
ill get asked to do it most days
Are there any written job descriptions or contracts that specify your duties at work?
yes
What does your written job description or contract specifically state about your duties at work?
Complies with company policies, procedures, and standards of ethics and integrity by implementing related action plans; using the Open Door Policy; and applying these in executing business processes and practices. Maintains availability of and organizes carts/flatbeds, assists customers with transporting items, loads merchandise into customer vehicles, and properly and safely utilizes cart retrieval equipment. Provdes customer service by acknowledging the customer, identifying customer needs, assisting with purchasing decisions, locating merchandise, resoling customer issues and concerns, and promoting products and services, while maintaining a safe shopping environment. Compleies work assignments and priorities by using policies, data, and resources; collaborating with managers, co-workers, customers, and other ousness partners; identifying priorities, deadlines, and expectations; carrying out tasks; communicating progress and information; determining and recommending ways to address improvement opportunities; and adapting to and learning from change, difficulties, and feedback.
Complies with company policies, procedures, and standards of ethics and integrity by implementing related action plans; using the Open Door Policy; and applying these in executing business processes and practices. Maintains availability of and organizes carts/flatbeds, assists customers with transporting items, loads merchandise into customer vehicles, and properly and safely utilizes cart retrieval equipment. Provdes customer service by acknowledging the customer, identifying customer needs, assisting with purchasing decisions, locating merchandise, resoling customer issues and concerns, and promoting products and services, while maintaining a safe shopping environment. Compleies work assignments and priorities by using policies, data, and resources; collaborating with managers, co-workers, customers, and other ousness partners; identifying priorities, deadlines, and expectations; carrying out tasks; communicating progress and information; determining and recommending ways to address improvement opportunities; and adapting to and learning from change, difficulties, and feedback.
Have you documented these instances of being assigned tasks outside your job description? It's important to keep a record for potential legal proceedings.
yes
Do you have any witnesses or any other form of evidence to support your claim of discrimination?
My coworkers could vouch for me
my coworkers could vouch for me
Have your coworkers witnessed these incidents and are they willing to testify if needed?
Yes
Have you experienced any negative consequences at work due to refusing to perform these tasks outside your job description?
im afraid to say no so I just say I’ll do it
im afraid to say no so I just say I’ll do it
im afraid to say no so I just say I’ll do it
What is the reason for your fear of saying no to these tasks?
because they are my manager and I’m afraid they might do something
What kind of action are you afraid your manager might take if you refuse to do these tasks?
nothing in particular
Are you aware of any other employees who have faced negative consequences for refusing to perform tasks outside their job description?
no
Have you considered seeking legal advice from an employment lawyer regarding your situation?
yes
yes
What state are you located in? This will help me provide more accurate information regarding your legal rights and potential remedies.
missouri
missouri
Missouri
raytown missouri
Missouri
What specific actions have you taken to document these instances of being assigned tasks outside your job description?
i talked to hr
What was the response from HR when you reported these instances?
They said they would look into it
Have you received any written communication from HR regarding your complaint?
No considering I just told them today
Have you kept a record of the dates and details of the tasks assigned to you that are outside of your job description?
no
What is the name of your employer? This will help me provide more accurate information regarding your legal rights and potential remedies.
Walmart
What specific actions have you taken to document these instances of being assigned tasks outside your job description?