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I have now worked for one year at a WIC office( Women infants and children program that fa

 
Marsha411JD's Avatar
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Customer Question

I have now worked for one year at a WIC office( Women infants and children program that falls under the DHHR) in WV. I am an American Citizen but was born and college educated in Belgium.
I currently hold citizenship of the US and Belgium. As off week 3 at my new job i have been verbally harrassed and discriminated against not by my employer but by other employees. At the current moment the bullying is so severe that i have spend several hours crying and am afraid of going back to work on Monday as this seems to get worse with time.
What to do? I feel that a complaint within the system will not be handled to my satisfaction. Our office manager has been present with some of these incidents and nothing has been done.

 

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State/Country relating to question: West Virginia

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Submitted: 340 days and 12 hours ago.
Category: Employment Law
Value: $59
Status: CLOSED
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Expert:  Marsha411JD replied 340 days and 12 hours ago.

Hello,

Are you saying that you think this Bullying and harassment is based on your national origin or ancestry?

Once you respond I will reply as soon as I am available. Thank you.Marsha411JD41040.7647933218

Customer replied 340 days and 11 hours ago.

National origin. As an example they will ask me in the hallway on the way to the bathroom "How do we know you are not a Russian spy?"

 

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Expert:  Marsha411JD replied 340 days and 11 hours ago.

Hello again,

Thank you for that information. Well you may potentially have a "hostile work environment"/discrimination claim under Title VII of the Civil Rights Act of 1964 based on national origin/ancestry. However, you absolutely must exhaust the administrative remedies available to you via your employer's complaint process before your complaint is deemed "ripe" to file with the EEOC or the WV Human Rights Commission.

That means that whatever process your employer has in place for EO complaints, which is usually posted somewhere or in your employee handbook, you need to follow. That is usually a complaint at least to HR or the EO Office for the agency you work for. Once you file your complaint, your employer cannot lawfully retaliate against you for doing so. In addition, if they cannot or do not resolve the issue (ie it must stop) then at that point you can file your complaint with one or both of the agencies I mentioned.

In order to have a substantiated case though the conduct must be considered "severe and pervasive" and, of course, motivated by your national origin/ancestry.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 98.4 %
Accepts: 9664
Answered: 5/11/2012

Experience: Licensed Attorney with 27 yrs. exp in Employment Law

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