Legal Question in Discrimination Law in Maryland
Terminated for discussion of sexual harrasment
There are no women in power positions within a privately owned company. I had just started (a little over 3 months) in a newly defined position that was described in detail during interviews.
Several of the women have discussed that they feel like they are not respected or liked by upper management and feel like they have no recourse. When business issues are brought before management, women are often referred to as �whiners� by upper management.
In meetings with upper management and peers, upper management and male peers often contradict female employees, �cut them off� mid sentence, or dismiss there opinions with �gaffing� noises.
When I approached one upper manager to privately discuss these activities during meetings and how it is affecting my ability to do my job effectively and asked if it was because I was a woman, the upper manager loudly stated that I had a �vivid imagination� and told me to go back to work.
I had all of my responsibility taken away and was terminated a week after the conversation. There was no mention of the conversation or that I was being dismissed because of imcompentence. My termination letter made no mention of any reason.
Do I have a case for discrimination.
2 Answers from Attorneys
Re: Terminated for discussion of sexual harrasment
There is a three-part legal test that a court applies to determine sex discrimination. Part of what is initially considered by courts is whether the employee is a member of protected class (such as being female), whether the employee suffered an adverse job action (such as demotion or termination), and whether the employee was performing at a level that met the employer�s legitimate expectations. In the second step, the court will consider any non-discriminate reason offered by an employer for its action. As the final step, the court will consider any evidence offered by the employee as to why the employer�s stated reason was pretext. In most discrimination cases, the most difficult part is the final step. Some considerations for pretext in your case are any previous expression of satisfaction with your work record, the timing of your demotion and termination as immediately after complaining to a supervisor, a lack of termination procedure including lack of notice, and an absence of previous complaints by employer.
Re: Terminated for discussion of sexual harrasment
Although you may not prevail in the end result because these are difficult cases to win, you do have a legitimate complaint. You can file a complaint for free with either the EEOC in Baltimore or the county human rights commission in the county where you worked (Montgomery, PG,Howard, etc.). The complaint should include three claims: that you were fired in retaliation for making a complaint to upper management; for discrimination in firing you because you are female; and for a hostile work environment.
There are time limits involved, so it is best to file right away. YOu can ask the EEOC for help on which time limits apply to your case.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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