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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20129
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I quit my job yesterday in order to get away from a manager

Customer Question

I quit my job yesterday in order to get away from a manager who discriminates against gender, it is not sexual in nature, he just creates a hostile work environment that was going to ruin a reputation of 20+years, I am third female to leave in the last few months, also none of the men in my office ever has any problems with this manager
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Alabama
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time as a tech lead
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information, can you please tell me what your legal question is? Also, did you file a formal complaint of discrimination with your company's HR department?

Customer: replied 4 months ago.
My question was do I have a case? And I complained to hr on the day I turned in my resignation
Customer: replied 4 months ago.
The work environment stress was manifesting itself in the form of abdominal pain and nausea every morning I drove to work
Expert:  Marsha411JD replied 4 months ago.

Thank you for your reply. Unfortunately, there is no way anyone could tell you with certainty whether or not you have a case with the limited information that is available via this forum. Only an attorney who has thoroughly interviewed you could begin to guess whether or not you might have a legitimate gender discrimination case. That said, I can tell you what is necessary to support a "hostile work environment" claim based on gender discrimination.

There must be evidence that the harassing behavior was "severe and pervasive." There must also be evidence that it was motivated by gender, and there must be evidence that the employee attempted to resolve the issue through the employer, but the employer failed to resolve it. Even if you meet the first two factors, you may have an issue with the latter since you apparently, based on what you shared, did not give the employer an opportunity to investigate and resolve the issue before you quit. There are exceptions to that requirement if HR or senior management are part and parcel of the discriminatory activity.

You can also prove gender discrimination if there are adverse employment actions based on gender. But again, important to be able to show that you tried to resolve the issue up the chain of command.

In any event, you have the right to file a complaint of discrimination with the EEOC and see if they can resolve the issue and what their investigation shows. You can also, of course, speak to a local employment law attorney who can give you a good idea of whether or not you will have success with your case after their in depth interview with you.

Please feel free to ask for clarification if needed. If none is needed, then if you can reply to this answer and let me know that I answered your questions, and also take a moment to leave a positive rating in the ratings box above, I will receive credit from the Site for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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