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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41531
Experience:  30 years in Employment law
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I would like to know if I have grounds for harassment due to

Customer Question

I would like to know if I have grounds for harassment due to mental distress. I am to the point where I can not no longer take this treatment in the office. She told me, in front of the Mayor, that I was a thorn in her side and have been for two years. The Mayor did not say a word to her. There has been another employee that has been to the Mayor about her behavior and again there was nothing done about it. I need some guidance and need to know if I have a case before I move forward with this grievance. Any help of guidance would be greatly appreciated. I do have documentation...Thank you!
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Customer: replied 11 months ago.
Please take your time. Thank you for your help!
Expert:  Ray replied 11 months ago.

I would consider filing an EEOC complaint here.This treatment really may be a means to try and replace you with a younger and cheaper replacement.Age discrimination and here there may be other categories as well is illegal.This offers you protection here if they try to terminate you.You would then file again claiming retaliation with EEOC. I would try this in addition to any other grievance you file in these matters.EEOC here issues a right to sue letter and you can sue here too for this and seek damages.

Expert:  Ray replied 11 months ago.

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge.

Expert:  Ray replied 11 months ago.

I would try to shape your complaint in the area of discrimination here.

Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

I appreciate the chance to help you today.You may want to get an employment lawyer locally to sue as well.

Expert:  Ray replied 11 months ago.

You do have rights here under EEOC to be free of such discriminatory harassment.I hope you will file with them EEOC and also consider a lawyer to represent as well.You maybe due damages here form all of this and it may protect your job long term.

I am so sorry you are having to deal with this.

If you can leave a positive rating it is much appreciated.