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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118754
Experience:  20+ Years of Employment Law Experience
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QUESTION}I am a nurse anesthetist. I was asked by a married surgeon to join him in a trip

Customer Question

{QUESTION}I am a nurse anesthetist. I was asked by a married surgeon to join him in a trip to Cal. I politely said no. His behavior toward me changed. He started hollering and demeaning my ability to give anesthesia. I went to the chief of surgery and he said he would talk to my boss and not put me in the same Operating room as him, and he did. One of the anesthesiologist(Indian) kept putting me in the room with him. I think she thinks it is funny. Now I am working with the EEOC trying to get a mediation going. What kind of settlement should I ask for. Thed Indian anesthesiologist thinks it is funny to see me squirm and pled not to be in his room. I have suffered from chronic insomnia and acid reflux from the emotional trauma.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. It certainly is NOT funny and it is considered to be now willful and malicious harassment such that you can seek punitive damages for the employer intentionally making you work with the harasser and not separating you. This is part of your claim against the employer now and you need to add this into your complaint with the EEOC and ask the EEOC to now seek punitive damages from the employer and if they will not do so, then demand your right to sue letter, because a court in this type of case if you prove that despite the chief ordering that you be kept separate this Indian has intentionally made you work together and as such has maliciously continued the harassment and abuse and as such the employer is liable for punitive damages up to 3 times your actual damages for their employee's intentional conduct.You should also report the Indian to HR for them intentionally, willfully and maliciously engaging in the harassment and retaliation and add them as an accused in your complaint with the EEOC.