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I am currently taken off the schedule at work for 10 days…

Customer Question
Hi. I am currently...

Hi. I am currently taken off the schedule at work for 10 days now because I wore an LGBT pride pin on my lapel at work. My supervisor told me it made my owner and co-workers uncomfortable. It has now escalated to being accused of missing money, etc after I threatened to contact someone over not being able to wear my pin (not violating uniform policy). Can I do anything? It has turned to slander and I have everything in text messages.

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

CA

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

At will

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

My general manager has also called the other gay employee a "fairy" to me via text

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
11/25/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,441
Experience: Licensed to practice before state and federal court
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Go ahead
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience.

This to me sounds like you would have a case of employment discrimination because you wore this pin. It doesn't matter whether you are LGBTQ at all. These actions by the employer are generally going to be prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

Did you have any other questions for me today that I could help you with?

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