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I went to HR concerned about being harassed and she

I went to HR...

I went to HR concerned about being harassed and she facilitated a re-set meeting with my boss, who turned right around in that meeting, singled me out by asking all my customers if I ever did something wrong.

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

Texas

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

Full time

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

I am disabled and initially went to HR because my boss was harassing me about meeting schedule, placing some serious , expensive treatments in jeopardy. When I complained about harassment he brought up other projects and made me sound at fault when he actually impeded schedule. Then harassed me again in the re-set meeting. Today I received my performance assessment and received needs dev, when in the past 12 years I've been Meets or Exceeds. I have 31 years experience, I've been the only female for most of those, yet men are getting promoted two ranks above me (and I trained them).

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Answered in 5 minutes by:
3/6/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

On these facts, you have worked with HR and it is not working. You need to file a complaint with the EEOC in your state, alleging discrimination based on gender or disability or both. Thankfully, the same entity investigates those both and can handle the matter for you.

The EEOC is a federal agency that is tasked with investigating allegations of discrimination and it really is the only means of preserving your right to sue. You must go through the EEOC to obtain a right to sue letter, but in some instances the EEOC can actually help to resolve the matter also.

Filing a complaint with the EEOC is a protected activity, meaning that you cannot be terminated or retaliated against for doing so or the employer essentially hands you a very strong lawsuit even if you couldn't have proved the discrimination itself.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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Customer reply replied 5 months ago
your response has given me the push I’ve needed to go to EEOC. Thanks

Fantastic. Good to hear. Good luck going forward.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,636
Experience: Employment/Labor Law Litigation
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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