Legal Question in Sexual Harassment in Alabama

Re: sexual harrassment

You need to file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the last act of discrimination. You may have claims of discrimination and retaliation. You can get a lawyer to assist you with the EEOC complain or you can contact them yourself. I would recommned that you file as soon as possible with them to preserve all of your rights. Make sure that you put all acts of discrimination and retaliation in the complaint.

Re: sexual harrassment

I recommend that you hire an attorney in your area to help file the EEOC charge - one that is familiar and does this kind of work to begin with. These cases are very difficult to prove and are very fact dependent. The close proximity in time between your complaint and your termination might be sufficient to create a strong inference of retaliation. Retaliation cases are generally better than sexual harassment cases to begin with. To have a good retaliation case though, you have to have at least a good faith reason for complaining about the sexual harassment, and was the harassment actually sexual in nature and not just a minimal issue. A simple use of the "F" word would not create sexual harassment. Pressuring you for dates or gross sexual talk would.

Once you complain you are, at least under the law, protected from retaliation. The key in your situation is that you have some good evidence linking your complaint to your termination. What exactly was their response to your complaint? If it was on the order of "How dare you complain, you are fired," then that's pretty serious. How was your performance up until this problem? Were they already planning on terminating you prior to your complaint? There's a lot of questions that need to be asked and that's why you need a good employment lawyer in your area to handle it.

Sterling L. DeRamus

Attorney at Law

Birmingham, Alabama

[email protected]