Employment Law Questions? Ask an Employment Lawyer.
Hello Natalia,My name isXXXXX a licensed attorney. Glad to try and help out.Sure sorry for the circumstances, truly. My heart goes out to you folks.Here's how this works. Your wife is absolutely lawfully entitled to a workplace free from conduct rising to the legal definition of a hostile work environment, which is actually a form of unlawful discrimination (along with sexual harassment and other protected class discrimination). Accordingly, I'm pleased to say there is something your wife can do, namely by sharing her concerns with the U.S. Equal Employment Opportunity Commission, as you correctly mentioned. She can certainly could file a complaint (free of charge). She has have six months from the last incident in which to file. Everything she needs is provided here for free:Filing A Charge
This is an exclusive procedure, meaning it's the only way to properly pursue her complaint rather than starting out by filing a lawsuit and so forth. In other words, if she receives what is called a "Right to Sue Letter", then she can proceed with civil litigation. But, the first (next) step is to pursue her administrative law remedies by filing the charge. It's not an "either or" (optional) situation but rather it's a "must" (mandatory) procedure if she wishes to proceed.
I really do hope things soon look brighter for your wife, and please know that she deserves to be treated properly. She's fortunate to have such a caring spouse in her corner, and I commend you for wanting to help.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me. I truly hope all works out for both of you.Take care,Ben, J.D.
We went to the EEOC and according to the advisor, we don't really have any means to sue without additional info. We used the claim that the manager singles out and bullies female associates creating a hostile work environment. But we don't know if he's written reports on male associates nor is he an equal jerk to them. We do have names of women he has harassed however and provided those names.
I'm afraid because Natalia will have to quit, as she can't transfer to a new property where we're moving (because of the warning), we're looking at lost wages and benefits. We can't afford to pay attention let alone bills and to fund a law suit.
Thank you for your advice.
Hello again Natalia,Thanks for writing back..great to hear from you!You are most welcome..my pleasure entirely!Thank you for the kindness of your favorable rating! It makes my day to know that my answers have been helpful to you and your wife. I'll gladly answer your additional question, sure thing.In all candor, I've never seen a refusal to allow the filing of a charge under such circumstances. That really has me baffled, to be honest. Since going to a local office in person did not work (no fault of yours, as that was the right thing to do), you would need to file by using the online assessment tool, by telephone, or by mail. Here's those directions:How to FileI say so because this is a mandatory and exclusive process. In other words, it must be done before you can even explore the option of going to a lawyer to pursue civil litigation. I am truly sorry you folks had a poor experience, and I hope everything goes more smoothly from this point forward.Hope that helps some more, and my very best to your wife.Kind regards,Ben, J.D.
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