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A female acquaintance was called at home Thursday at 7 pm by…

Customer Question
Hi. A female acquaintance...

Hi. A female acquaintance was called at home Thursday at 7 pm by a co-owner of her employer. He was angry that she had been asking about the result of an investigation about his alleged sexual harrassment off a female summer student a month earlier. he told her to mind her own business and not to come to work Friday. she did not. she plans to go to work tomorrow but is not sure what to expect or how to react. she asked me for advice because an HR background. Any suggestions?

Lawyer's Assistant: Was this harassment issue discussed with a manager or HR? Or with a lawyer?

The harassment issue was discussed with one of the original investigators of the complaint, the controller. She was in no way connected to the complaint,

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

She is non union and would likely be paid for Friday.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Was approached on Friday for advice. I did call a labour lawyer specialist Ive worked with in the past but he's away until later next week. I'd like to give her some advice before she goes in in the morning,

Submitted: 3 months ago.Category: Canada Law
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Answered in 1 minute by:
3/18/2018
Lawyer: DMWEsq,
 replied 3 months ago
DMWEsq
Category: Canada Law
Satisfied Customers: 12,191
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: DMWEsq,
 replied 3 months ago

I'm sorry to hear about your friend's situation. What you can pass along to her is that this to me sounds like she would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2, which not only prohibits sexual harassment, but also prohibits retaliation as a result of filing a sexual harassment complaint.

Basically you can tell her that, "The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out."

Basically, you can copy and paste what I wrote and send it to her.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
I do not want a monthly subscription, If this advice is not free.I am not interested. thank you .
Lawyer: DMWEsq,
 replied 3 months ago

Hi, I'm sorry for the confusion. The advice is not free, but you're welcome to still pass along the info.

Ask Your Own Canada Law Question
Customer reply replied 3 months ago
thanks anywayWe are in Ontario Canada
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