Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I am Jewish, and I have experienced some Antisemitism at work.

I have notified my supervisor...
I am Jewish, and I have experienced some Antisemitism at work. I have notified my supervisor multiple times about this harassment, and nothing has been done. Finally I sent an email to HR, and cc'd my supervisor's email on the email. HR asked if what was done true, and he answered yes and cc'd me back with the answer. It has been 2 days now and no disciplinary action has been done to the offender. Is there anything else I should do? Any advice you can give would be greatly appreciated.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
10/7/2013
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
Experience: Employment/Labor Law Litigation
Verified
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

It's only been two days since you reported this to HR. While you technically could file an EEOC complaint on Monday, it would probably be better to wait at least a wee or two (a fair opportunity for the employer to conduct their own investigation, review the evidence and make a choice of what to do). Nothing in the law requires the employer to make an immediate disciplinary action decision after you report, so you would be moving a bit too quickly in filing that complaint.

Yes, you don't want to move slowly if you decide to file that report, so I would only wait a matter of 10 business days, but doing anything at this point is premature.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

What should I do if they do nothing and it still continues?

Then you would contact the EEOC in your state to file a complaint of work place discrimination based on religion. You would have the benefit of having complained in the workplace already, with no action taken by both your immediate manager and HR. They would have no argument that you failed to give them the chance to cure.

At that point, it'd be a pretty open and shut case against them. You'd also have that email, essentially admitting the activity took place.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I may be afraid that if I did contact the EEOC the company would find out and may fire me, I have a good paying job, but cannot afford to go without a job for a long period of time.

I understand that, but you've asked what you can do. That's really all you can do. For you to preserve a right to sue, you have to file an EEOC complaint. Otherwise, you must choose to simply put up with it.

When you file an EEOC complaint, that is a legally protected activity. Certainly, an employer could find a reason to fire you, but that will be in close proximity to your having filed an EEOC complaint. That alone is enough to justify an additional claim of retaliation, which is also illegal under Title VII laws. It's illegal even if your original complaint had little merit.

Justice is slow though and the employer could be stupid and fire you based on your contacting the EEOC. It could take months before that is resolved, but that's just the way this system is set up. You have to go into that complaint understanding that while you are legally protected, that protection typically results is money to you much later to make up for the fact that you were retaliated against.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I think it is best to start looking for a new job, so if it does continue, I will get a new job and then, I will not have to suffer economic consequences. Would I be able to say I was forced to find a new job because I was being harassed?

Yes, you can say that but only if you have evidence that they ignored your complaints.

That's why you'd need to wait it out and at least have evidence that they considered your complaint and did nothing with it.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

What is the best way to get evidence? Through email? If it is just through conversations, it is my word against theirs.

It is typically the victim's word against the employer's. That being said, you've made a complaint to HR. If you've done that through email, the EEOC will be able to retrieve that through electronic discovery.

If it is deleted, that leaves a trace too. The spoiling of evidence is a really bad route for employers to go, as the court allows the jury to assume that the deleted emails were damaging to them.

If you have the email though, print it off.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I forwarded the email to my personal email address.

Ok. Then you have the email and it's chain, showing where it went.

That's good evidence, but the EEOC will collect more. They are not a court. They are a government agency tasked with investigating these issues, like a justice department. You really don't have to prove your case to them at all. You just have to make your complaint. They try to prove your case, and then issue a decision, provide you the evidence and give you the right to sue regardless of what they conclude.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

What can the EEOC do if they find a company in violation fine them? Order them to compensate the victim? Or just give them a warning.

They are not a court. They can't do anything. They are just an investigating body.

Now, sometimes they will choose to sue on your behalf, at which point the court can require monetary compensation to you.

The EEOC can also try to set up mediation between yourself and the employer, to try and reach an amicable solution.

If the employer agrees, the employer could be bound by an agreement negotiated by the EEOC, but that is rarely.

Mostly, the EEOC is just a step to preserve your right to sue (you have to go through them) and collect evidence that you would not otherwise be able to collect so that you can give that to a local attorney to file a complaint in Federal court.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Ok, thank you!

No problem. Take care.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
19,430 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,430 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Lawyer needed for Title VII case against the State of
Lawyer needed for Title VII case against the State of Maryland. Civil Rights Commission approved. Supervisor responsible fired in December for fraud (pretext evidence) during investigation. Contingenc… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I am being retaliated against with a company for turning
I am being retaliated against with a company for turning their recruiter in for sexual harassment and they withdrew their offer even though I have fulfilled my end of the offer. What can be done? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,430 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
There is a generous amount of reference to title VII and a
There is a generous amount of reference to title VII and a hostile working environment being valid only if based on age, race, gender, disability, religion, or national origin. But what if you are a w… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received retaliation from eeoc because i reported one of
i received retaliation from eeoc because i reported one of their employee who did not process my hearing requested. when i received the acknowledge order is was signed by legal tech and not by ALJ .wh… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x