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Question regarding legal rights to workplace harrassment…

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My husband is a sales...
My husband is a sales rep for a medical device company. He is paid salary+commission. He is currently at 99.3% to his sales quotas. He has been with the company for over 2 years. He has recently gotten a new boss who has been telling him what a terrible sales person he is, and even though he is performing according to his numbers, his new boss is telling him he doesn't think he will succeed in this position and is threatening to de-mote him. He also recently told him another salesman on the team is "at a different place in his life because he is not married and has no children". My husband is only 43 years old. Do we have any legal rights here? I am afraid he is going to lose his job...and he is performing! Thanks.
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 hours by:
6/17/2010
Employment Lawyer: JBaxLaw, Employment Lawyer replied 8 years ago
JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11,396
Experience: Government and private sector employment law experience
Verified
It appears that you believe is being discriminated against. This is potentially based on age or family status. You need to determine the basis of the harassment or discrimination. Only certain categories of people are protected meaning not all harassment or discrimination is illegal. The following site list the types of discrimination which are illegal under federal law. See:
http://www.eeoc.gov/laws/types/index.cfm

If he is being discriminated against or harassed on one of the basis listed at the site above, then you may file a complaint with the US Equal Employment Opportunity Commission or EEOC at:

http://www.eeoc.gov/employees/howtofile.cfm

The EEOC will look into the complaint and may issue a "right to sue" letter or mediate the claim. You will want to consider obtaining an attorney to represent you and consider filing a civil suit.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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