Legal Question in Employment Law in Maryland

gender discrimination

I work for a contractor who has a contract with a power plant.I was recently run off the job by the power plant. Their reasons seem to be a singling out of me. I haven't done anything that their male employees haven't done and are continuing to do yet I am the only person being punished. I was made to leave without any warnings being given. Thhis all started a month ago when i got into a disagreement with the plant foreman, and only after i reported him for discussing this with other male employees. He told them '' we men need to stick together and get this woman out of here.'' Are there any laws that protect me as a contractor's employee? Is this gender discrimination? I have a lot of documentation,proof, and even 3 witnesses to the singling out and the remark made. Any advice will be appreciated. Thanks


Asked on 10/20/02, 12:45 pm

3 Answers from Attorneys

Lawrence Holzman Holzman Law Firm, LLC

Re: gender discrimination

The other attorneys who have responded have given appropriate advice. At this point, the you need to take a consultation with an employment attorney quickly so that all of the facts can be evaluated. In addition to statutory deadlines and witness contacts (both mentioned by the other attorneys who responded) it is also important to get YOUR recollections into the hands of someone skilled for evaluation as quickly as possible so that facts are not missed.

I represent countless employees in discrmination matters and would be happy to have an initial chat to evaluate your claim.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 10/21/02, 8:06 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: gender discrimination

The facts you describe indicate a case of gender discrimination that would fall under Title VII and possibly under Section 1863 (i.e., civil rights violation). There are numerous ways that such as case can be approached and this would vary based on your objectives (i.e., re-instatement with or without back pay, monetary settlement with or without reinstatement, and assurance of preventative actions in the future which could include posting of notices within the facility(ies), reprimand (either private or public), and possibly firing of the actionable official).

Employment cases are complex, and discrimination cases are sometimes difficult. You may hear many people advising you that you can handle this case pro se (i.e., filed by yourself) but don't be fooled. The company will have skilled attorneys and you should too. Many a solid case has been compromised by it not being pursued by an attorney.

Many women in your situation choose to not pursue a case and this only gives the perpetrators more incentive to gain satisfaction from their sexist behavior. The choice, however, is yours and the women who choose not to pursue their case do so for a variety of reasons.

Contact me if you would like to discuss your case further and options that you may have.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 10/20/02, 4:14 pm

Re: gender discrimination

Based on the facts outlined, you can make a claim of sex discrimination and possibly retaliation. Proving the case and winning are of course not guaranteed, but it is often enough to state a reasonable claim to get results. (Although it is often difficult to prove discrimination, the retaliation claim may be viable regardless.)

Also, your claim may be viable against both the plant and the contractor, which may give you leverage in dealing with the contractor. (I.e., the plant may pressure the contractor to settle or reinstate if the claim is reasonable.)

There are two things in particular to consider right away. First, there are time limits that apply to bringing a discrimination claim. Generally, you have at least 180 days, but be aware that the time is not unlimited (and it goes fast).

Second, you want to get statements from the witnesses immediately. This is best done by an attorney who knows the right questions to ask and the proper way to record the answers.

If you want to pursue the case without an attorney, contact the EEOC office in Baltimore and make an appointment to file a claim. They will not act as your attorney, but they will pursue the complaint.

If you want help, feel free to contact me for a free consultation, or any of the other attorneys who post helpful answers to your question.

Best of luck to you.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

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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Answered on 10/20/02, 10:39 pm


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