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I have a question regarding harassment. Minnesota. My

Hi - I have...

Hi - I have a question regarding sexual harassment.

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

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No

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

My question is in the context of working in an at-will state as a contract employee. I was the victim, approximately 3 months ago, didn't report the issue, and was terminated 3 weeks ago. Trying to find out if action can be taken.

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Customer reply replied 6 months ago
Hi -I work on a contract basis in an at-will state. A female superior made a seriously inappropriate, sexually charged comment to me in front of several other employees at an after hours event. I did not report the incident to HR at my client site or HR at my firm out of fear I would lose my job or face retaliation. A month later, I was transferred to another area, and two months after the incident I was dismissed from my contract. I am trying to determine if I have any recourse.
Answered in 7 minutes by:
1/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
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Hello! I am a 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 6 months ago
Sure, thanks

This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2, which prohibits sexual discrimination, regardless of your gender or the gender of the person who made the harassing statement. 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 usually 300 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.

What other questions did you have for me regarding this?

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