Legal Question in Sexual Harassment in Iowa
Harassed and Beaten At Work
I worked for the largest meat packer in the world as a mechanic for just under five months. During that time, I was routinely minorly assaulted by a coworker and harassed by him routinely, every day. From my bad eye, to my religious beliefs, to the fact I dispise drug dealers, to my lower pay grade, I was continuelly harassed by him and his buddies at work.
On one day, someone wrote a sexually dergrading remark on my paperwork at work. I filed a formal complaint with the company who told me I was the victim of sexual harassment. The same day the complaint was filed the man who admitted to writing the derogative remark retaliated against me verbally. The next day, his buddy, the man who harassed me daily, retaliated against me much worse and physically assaulted me.
These two men then reported that I assaulted one of them and I was fired. I was told by management that company policy prohibits the retaliation that was reported immediately following the complaint, yet when I reported the retaliation, it was ignored.
The two guys who harassed and assaulted me have a history of abuse towards other empoyees. What can I do?
1 Answer from Attorneys
Re: Harassed and Beaten At Work
Report the assault to the local police immediately. Have any injuries examined by a doctor and photographed. Write what you remember about the assault, when it happened, where it happened, who was there, what happened[who struck you, where on your body were you struck, what were you struck with, how you felt and reacted to the blows, and what you did after the assault]. Write the names of anyone who saw the assault, who was nearby and might have heard something, and anyone who saw you or talked to you after the assault. Find the addresses and telephone numbers of those witnesses if you can and give copies of this to the police.
Then make a journal of what discriminatory things happened to you at work. Try to recall dates, places, and the people who could have seen or heard the events, from the begining of the harrassment. When did you report the harrassment, who did you report it to, what did they say about it? What did they do about it; for each incident you can recall. Gather any letters or memos you received from supervisors or others at the company that deal with the incidents, your complaints and their response to the incidents.
Then contact an Iowa attorney, and interview them. You will need to file a charge of discrimination with the appropriate Iowa state agency and the federal EEOC (Equal Employment Opportunity Commission). Your lawyer can help you with the process. After the investigation by the EEOC and/or state agency, they will issue a finding of discrimination or finding that discrimination was not proved by the complaint. You may file suit against your employer after complying with this process, or after the complaint and before the decision in certain circumstances, which your lawyer can explain in more detail. DO NOT WAIT TO FILE YOUR COMPLAINT with the EEOC and Iowa state authorities, as you have a relatively short period of time to file this type of claim or you may loose all or part of your rights to sue. File your complaint without a lawyer if you have to, the attorney is more important after the process is started- when time to sue draws near. Good luck.
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