Employment Law Questions? Ask an Employment Lawyer.
Can you tell me what your question is and also, what have you done to try to resolve the issue.
I don't see where you answered my question about what you have done to resolve the issue with your employer. That is key here because if you have not filed a discrimination complaint on the basis of sex (which is what you would have to try to use), with the employer's HR Department or EO Department, then there is no basis for a lawsuit. In other words, there are certain steps required in order to perfect a legal claim.
The first is to file the complaint I mentioned and allow the employer an opportunity to investigate and try to resolve your situation. If they can't, then you would file a discrimination complaint with the State or the EEOC. At that point, you would want to sit down with a local employment law firm to discuss your case in full and decide if you were going to wait for the agencies I mentioned to resolve the issue through mediation and investigation or, if you would going to file suit.
No way for me to guess whether or not you would have a successful case since I don't have the facts from the employer's perspective. But that is the process and your options.
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No, if there is an EO Department, my guess is that the school has a specific policy about filing complaints with them for discrimination versus filing with HR. In other words, you normally wouldn't file a complaint with both. You can certainly let HR know what is going on and letting them know you are filing a discrimination complaint. Best thing to do is to either go online to see if the school has a form or specific way they want complaints filed or call their office and see. Otherwise, there is no specific form the complaint should be in, just the facts surrounding why you believe you are being discriminated against and in what way and what you want the resolution to be, which is usually getting your classes back.
You just want to stick with your classes and letting them know what the specifics are that lead to the complaint. In that, they will know that there is an injunction against him. So, they should know that they can't have him supervise you. Honestly, they should probably terminate him, but you don't control that issue. At this point just wait and see what they say while letting them know you cannot work for him due to the injunction.
I can't get into the specifics with you, or predict how it will turn out since I am not your attorney, and can't be via this Site. So I can't really comment on the qualifications issue. However, if you aren't qualified, then that certainly doesn't help your case. Again though, just go through the steps and see what happens.
You're very welcome.