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I am facing an issue at work where the university I work for…

Customer Question
I am facing an...

I am facing an issue at work where the university I work for is deciding to apply a policy that they have not enforced in the past to my situation. The only difference between my situation and the other faculty members who the policy is not being applied to is that I am gay.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

My agreement is full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This involves spousal hiring

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/19/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 8 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,260
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It's illegal for your employer to give you disparate treatment because you're gay. They cannot choose to waive policies for straight employees and enforce them against gay employees. That's discrimination.

One option here is to reach out to a local attorney and ask them to send a demand letter to your employer on your behalf. In a successful discrimination case, your employer will have to pay your legal fees. You should be able to get a contract that says they'll seek to collect from the employer and you'll only pay upfront expenses (like any required filing fees).

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Employment Lawyer: Lucy, Esq., Lawyer replied 8 months ago

Another option is to apply directly to the EEOC for a Right to Sue letter. This is a document that's needed before you file a lawsuit against them. If you hire a lawyer, they'll help you get it. Once they send the letter, you'll have 90 days to file the lawsuit. If you'd like to try to settle out of court, that would ordinarily start before you request the letter, but it's up to you.

The statute of limitations here is 2 years from the date of discrimination, or 3 if you can prove a willful violation of the law. So you have a bit of time.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

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Employment Lawyer: Lucy, Esq., Lawyer replied 8 months ago

Do you have any questions about this?

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,260
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Experience: Former judicial law clerk, lawyer

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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).

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