Employment Lawyers Can Answer Your Employment Law Questions
Hello, I am a professional here to assist you. I appreciate your use of this service.
The law is somewhat complicated as this may involve maritime, state and federal issues.
But, age discrimination is not permitted. Discrimination based on age or gender can include being singled out.
Does this occur in Washington state?
"This" being the discriminatory treatment.
Yes. In Washington State.
To begin someone facing gender discrimination or age, may file a complaint with the EEOC at:
The employee is protected from retaliation for filing such a complaint.
The EEOC will examine the complaint.
Several potential outcomes may occur including mediation or you being sent a letter stating that you may file a civil suit.
This is a prerequisite to pursuing a civil suit against an employer for this type of discrimination.
What dollar amount would be punitive if it went to court, and if a judgement is made against the company how do they pay it?
That is almost impossible to determine. But, a judgement can be satisfied in many ways including by using a lien against property such as a boat or by accessing funds in the business accounts.
Is it possible to find out how much cash the company has on hand? It's a privately held company I believe. Maybe a limited partnership.
Such information can be obtained after one obtains a judgment. There is a process by which a judgment creditor can demand such information in order to locate assets against which to satisfy a judgment.
Lets say this never goes to court. I find it hard to believe she will change her methods, we will never have a decent relationship in all liklihood, and once I'm finished (in more ways than one maybe) this season I suspect she will go after the next threat to her security. What then?
The process would be the same. That would be the EEOC process. Unfortunately, laws prohibiting discrimination are the protection. Where discrimination is not involved, a supervisor is free to be mean.
How do you determine discrimination?
Is being singled out discrimination?
An employee need only show they are a member of a protected class and are being treated adversely. The employer must then provide a legal basis for the treatment or perhaps deny adverse treatment entirely.
Any other questions right now?
One last question and so far I've gotten my money's worth. When the EEOC investigates how do they conduct the investigation and how efficient are they? Is the threat of an EEOC investigation sometimes enough to cause a positive reaction from management? Sorry, that's 2 questions.
An EEOC complaint alone often will cause a change in behavior by an employer.
As to the EEOC they are a government agency. The timeline can be slow and varies depending on a variety of factors. Weeks or months may be required before a response. The method of investigation varies as well, but typically a response is solicited from the employer. Further investigation and interviews may occur. This really depends if you state there are witnesses or documentation of discrimination.
Anything else right now? You can always follow-up later after we end the live session.
I think just the threat of an investigation and potential suit will cause her to back off. The company was recently sued by an employee and he won $20,000 for loss of hearing. Your final response?
A complaint and investigation is often enough to change the actions of an employer. As to recoveries, workers compensation due to workplace injury is distinct from this type of matter. The recent action may force the employer to take your complaint more seriously.
Thank you again.
Please take a moment to leave a positive service rating. That will end the live session and you can then follow-up here in a non-live format at your leisure.
How do I contact you again, I'm very content with your responses.
You will be able to comeback to this link or start a new post with For EmploymentRightsInfo Only
OK. have a good day!
Good day to you as well
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).