Answer

As far as the FMLA violation, the EEOC would have been the proper agency to file that complaint with as well as the discrimination complaint. You can sue on the harassment and FMLA violation only when the EEOC gives you a right to sue letter. You should stay in contact with the EEOC and ask about when they will provide you your right to sue letter.

AS far as your union, if they are not representing you in a fair and equal manner, a union can also be sued for discrimination and unequal representation. They have a duty to bring forth grievances from the members and if they are not doing so, you would have to sue them for breach of contract, breach of duty and possibly unequal representation and discrimination.

You would need to hire an employment law attorney for this and you will have to search for one who will take this on a contingency basis and there are many out there who will do so. To find attorneys in your area goto http://www.martindale.com, which is the same site attorneys use to find other attorneys when needed.

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