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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33405
Experience:  Employment Law Expert
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My story is with far more issues... but my main complaints

Customer Question

My story is long with far more issues... but my main complaints are sexual harassment for 6 years and being discriminated against because of gender and nationality. The HR person I have been putting complaints in has been fired (other reasons) and I told the CEO and the VP and nothing was asked or acknowledged. My therapist and medical doctor are urging me to find a different job. I feel like they are trying to get rid of me through constructive discharge and I am angry about this. Anything I can do?
Submitted: 12 days ago.
Category: Employment Law
Expert:  Dwayne B. replied 12 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 12 days ago.

First thing you have to do is to file a charge of discrimination with the EEOC. That is mandatory if you want to pursue a lawsuit late based on gender or nationality discrimination. A failure to file with the EEOC would mean your case would be dismissed by the courts. When the EEOC investigates you will be able to see all of the evidence which the employer sends to them. You can take that information to an attorney and discuss possible lawsuits. That is really your only recourse. The EEOC, then if you don't get satisfaction there, a lawsuit.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Customer: replied 12 days ago.
6 years of sexual harassment by several members of the company that were reported and have witnesses has no merit?
Expert:  Dwayne B. replied 12 days ago.

That is not what I said. You asked "Anything I can do?" and I replied with what you can do. The law requires you to file a charge of discrimination with the EEOC and give them a chance to investigate. Then you can file a lawsuit against the employer.

Customer: replied 12 days ago.
I understand that you did not say that. you only mentioned gender and nationality in your answer, so I was asking.
Customer: replied 12 days ago.
your original answer never addressed the sexual harassment ... which has sent me to counseling and other things. It's humiliating and I am tired of being ignored and feeling unprotected.
Expert:  Dwayne B. replied 12 days ago.

Sexual harassment is a type of gender discrimination. So when an attorney uses the term gender discrimination it includes both harassment based on gender or outright discrimination.

Something you have to watch for is you have a limited amount of time in which to file for discrimination with the EEOC. It can be as short as 180 days from when the discriminatory act took place. So what you probably will want to do is go ahead and get your attorney now and "setup" the company so that you can file claims and have them considered as far back as possible. The lawyer can write some letters for you and make it appear that the time limits have not passed and even though there is a good chance they actually have.

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