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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi Paul, I sent the e-mail to To THE: HR Director Reference:

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Hi Paul,
I sent the e-mail to To THE: HR Director
Reference: Retaliation and hostile work environment claim
… and bellow is the response that I got from the HR director… 1 Finding, 2 Options that the HR director is giving me:

Finding #1 (National Origin Discrimination claim from Jan 2012):
Your previous claim was investigated by ER with a finding of no basis.

Option #1 (group that investigates):
You need to contact the ER group of myHR . (877- 228- 4707)  I have requested they assign an ER Consultant to your claim and will forward the email when they have assigned someone.

Option #2 (HR director):
If you would like to discuss I am available.



Can I change the retaliation letter in to a discrimination one if retaliation is not valid?

What is your recommendation what is my best option/s?
Thanks
L
Good morning. Thank you for coming back with your new question and asking for me.

They are claiming they investigated your national origin discrimination claim and found it not to be valid, but under the law even if your original claim of national origin discrimination is invalid, the employer is forbidden from retaliating against you for making that claim and can be sued for retaliation even if the original discrimination claim was not founded.

Thus, retaliation can still be valid and pursued if you have evidence this conduct started after you made your discrimination claim or you have other evidence you are being treated this way only because you made this complaint (as we previously discussed).

You can raise your discrimination claim again with the investigation unit, but you would do this in addition to your retaliation claim.




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Customer: replied 3 years ago.

Ok, I am just going to let myHR team investigate this case; it will put everyone in notice and take me more serious that this behavior is unacceptable and I will let you know about the findings; also, will start documenting for the next complaint because there are other things going on.


Thanks


L

Thank you for your response.

Yes, you need to contact the investigation team as HR directed and let them proceed to investigate and prepare to make your complaint to the EEOC if necessary.
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