Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is no, you do not have to tell them that you have a lawyer. The law does not require that you tell an employer that you have retained an attorney at all, particularly in the middle of a sexual harassment investigation. Also, if they have become harassing, you may have additional causes of action.
According to the EEOC, “Retaliation occurs when an employer takes a materially adverse action because an applicant or employee asserts rights protected by the EEO laws. Asserting EEO rights is called ‘protected activity.’
In a case alleging that an employer took a materially adverse action because of protected activity, legal proof of retaliation requires evidence that:
An individual engaged in prior protected activity;
The employer took a materially adverse action; and
Retaliation caused the employer's action.”
An employer must not retaliate against an individual for "participating" in an EEO process. This means that an employer cannot punish an applicant or employee for filing an EEO complaint, serving as a witness, or participating in any other way in an EEO matter, even if the underlying discrimination allegation is unsuccessful or untimely.
So, you’ll want to start documenting the things that happened because this appears to be a classic case of retaliation. If they are threatening to let you go, let you go, demote you, or give you demerits, that is going to be a retaliatory action that would be compensable under the law.
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