Legal Question in Sexual Harassment in Indiana

Fired for reporting sexual harassment to EEOC

I was a shift manager at a restaurant for aproximately 6 months with no displinary problems prior.

The assistant manager was making unwelcomed advances towards underage girls and I witnessed it on several occasions.

I reported the problem all through the chain of managment and ultimately contacted EEOC since they were not taking the matter seriously.

The district manager had no choice but to terminate the assistant manager for her conduct and repremanded me for my report and was told not to do it again.

He also reffered to an arbitration agreement I signed upon being hired.

Three weeks later I had to go home sick and the district manager was filling in for the vacancy of the assistant.

He told me if he had to work my shift that ''someone was going to pay''. He demanded my keys and fired me on the spot.

My question is, do I sound like I have a firm case of retalliation and does the arbitration agreement prevent me from filing a lawsuit.

If I have any recourse, what do I do next. I have already began recieving unemployment pay from the state.


Asked on 7/14/04, 11:28 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Fired for reporting sexual harassment to EEOC

You very well may have a claim for retaliation. If the district manager treated you differently than he/she would have but for your report of sexual harassment, then the company likely has violated the law.

I am also intrigued by the decision to fire you for taking sick leave. If the leave arose from a chronic condition that qualifies for intermittent leave under the FMLA, you may have a Family Medical Leave Act claim as well. Please feel free to contact me at 317-955-9500 to discuss.

The information provided by Haskin Lauter & LaRue (�HLL�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. HLL is not taking and will not take any action on your behalf and will not be considered your attorney until both you and HLL have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain HLL on terms acceptable to HLL, you should immediately seek the services of another attorney.

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Answered on 7/20/04, 4:51 pm


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