Employment Law Questions? Ask an Employment Lawyer.
Good Evening -
How long has she worked for this principal?
Does she believe she is being discriminated against on some basis?
And can you clarify - are you in Washington state, or the District of Columbia?
Hi, are you still there?
the principal has been at the school for 6 years
yes, discriminated based on sexual orientation and bullying behavior
my partner has been at this district for 12 years and has served on many many leadership committees, received awards, etc.
Okay, thanks for the additional information
Okay, she's got two issues here:
Discrimination, and workers' compensation.
my main concern at this point is the health related side-effects which we can show did not exist prior to this year and the principlals behavior
Here's a discussion I have developed about Washington employment law that I have developed while working for JustAnswer:
Washington is an employment-at-will state. That means that any employer can take an adverse action, including treatment that may not be the same as other employees, against an employee at any time for any reason that is not against the law or discriminatory.
An adverse employment decision that is against the law would be, for example, terminating an employee in retaliation because the employee filed an OSHA complaint.
A discriminatory reason would be one based on race, color, religion, sex, national origin, disability, genetic information, pregnancy or age. Here is an Equal Employment Opportunity Commission publication explaining illegal discrimination: http://www.eeoc.gov/facts/qanda.html. Washington also prohibits discrimination based on sexual orientation and gender identity.
There are exceptions to employment-at will. Those are:
A “hostile work environment” is related to the issue of discrimination and retaliation. A “hostile work environment” arises when an employee is harassed in the workplace because they are in a protected class, or in retaliation for filing a complaint. A prime example of a hostile work environment is in the movie North Country, where a woman working in a mine was subjected to sexual taunts and assaults because she was a woman. (A “hostile work environment” does not happen just because a workplace is awful to work in, or an employer is unreasonable, arbitrary or capricious – the bad treatment has to happen because of discrimination or retaliation.)
If the adverse employment action was discriminatory, here is a link to the EEOC website for more information: http://www.eeoc.gov/ explaining discrimination. Washington discrimination complaints are made to the Washington State Human Rights Commission (http://www.hum.wa.gov/) Your complaint must be filed within six months of the discrimination!
If the adverse employment action might have been retaliatory, contact the agency where the Complaint was filed and ask for assistance.
If the adverse employment action was wrongful but not discriminatory, a government agency cannot help, but an attorney may be able to help. www.findlaw.com is a good resource. If the adverse employment action violated a Union agreement, you need to work with your Union representative first.
Now, let's talk about the Workers' compensation issues
Here is a link to the State of Washington Department of Labor and Industries:
This is the workers' compensation agency for the State
Here is a link to file a complaint: http://www.lni.wa.gov/ClaimsIns/claims/
how is this workers compensation? because of health related side effects?
what happens if we file a complaint?
With which entity?
I think you said DOL yes? from link above?
Ah, Washington State, you mean . . .
Actually, she could even request a workers' compensation claim form from her employer rather than going directly to the State
What will happen is that an injury report will be taken
And she will be sent to doctor(s) to evaluate her injury
She may be given time off
And possibly, some compensation
But keep in mind that stress claims will involve mental examinations
Which can be pretty intrusive
got it. The district and union have been very loosy goosy about taking her complaints seriously-- she has met with Union Reps, District HR reps, and they really aren't giving her conerns much credence-- I thought we might pursue some legal action.
thank you for your help. How can I get a copy of this "chat"?
I believe you will be sent a copy of the transcript once this is closed out.
If not, you will be able to access it again with the link, and you can block and copy - it's ALT + F4 and highlight the text on my computer
OK, based on what I've shared would you recommend leaving it alone, or pursuing legally?
My guess, btw, is the the Human Rights Commission is a good place to start
Okay, difficult question - a usual employment law intake is about an hour, and really detailed
I can tell you that employment law litigation is usually extremely stressful for the employee
but equally so for the people who are accused of the discrimination
I can also tell you that as stressful as it is, a lot of times, things don't change without pursuing a discrimination complaint
thank you very much. I appreciate your information and detailed response.