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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17304
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Can you please tell me how long after I have been verbally

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Can you please tell me how long after I have been verbally harassed by a coworker how long I have to report it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. Can you tell be what you mean by verbally harassed? Are you alleging that this is occurring because you are a member of a protected class under employment discrimination laws?
Customer: replied 1 year ago.


Cursed out and screamed at.


It is posted in our company policy that it is intolerable

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply, but I still need to know if you believe this is occurring because you are a member of a protected class under employment discrimination laws.
Customer: replied 1 year ago.

As far as I know we are.


I can send you a copy of our company policy and the incident if you have a fax#.

Expert:  Marsha411JD replied 1 year ago.
Hello again Jane, I think we are having a breakdown in communication. What I was asking if you felt as though that this cursing and yelling was happening because of your gender, race, disability, religion, national origin, pregnancy or AIDS/hiv status (those are protected classes under employment discrimination laws.)

The reason I asked that is that unless you are being treated this way because of your status in one of those protected classes, what you have described is not illegal under State or Federal law, so there would be no time line to follow for reporting the behavior. In other words, harassing behavior or "hostile environment" harassment is a legal term of art that requires that there be discriminatory intent behind the behavior in order for it to be illegal.

However, if your company policy says that sort of behavior is unacceptable, then unless they give you a deadline, you can report it whenever you want. That said, the longer you wait, the less relevance it has. For example, if someone curse and yelled at you 3 months ago, it is highly unlikely that your employer would consider this a timely report. The idea behind these policies is to report as soon as possible after the event, so that the employer can take immediate action.

Of course, if you are being treated this way and it is because you are in one of those groups that I mentioned, then you need to report that to your employer's HR right a way and then if the employer cannot resolve the issue, you have 300 days to file a complaint with the EEOC, after the alleged discriminatory act.

Please let me know if you need any clarification or have a related follow up question. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17304
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 8 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your help. Please do not charge me any more I am done.

Expert:  Marsha411JD replied 1 year ago.
You're welcome and I, as an Expert, do not have access to your funds or payment information, so I wouldn't be able to charge you anything other than what you have paid. However, I can pass your statement on to customer service.

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