Legal Question in Discrimination Law in Michigan
Harrassment and Discrimation in the workplace
If a co-worker has in the past sexually harrassed me and was documented for it, then the harrassment became just blatant harrassment what can I do legally? He is not my manager, although my manager has documented the many incidents but will not give me a copy of this even though I signed and the person harrassing me signed.
1 Answer from Attorneys
Re: Harrassment and Discrimation in the workplace
The question usually asked in sexual harassment cases is "has management condoned the behavior?" It sounds like you would do well to consult an EEOC counselor and outline the past harassment and your present actual circumstances. They can get the appropriate paperwork from your employer. You don't want to act prematurely before you have sufficient proof to file a legal claim, on the other hand you don't want to give the impression that your co-worker's behavior (which could be construed as retaliatory, even though the sexual component is missing) is acceptable or tolerable to you. You should also file a claim with the EEOC as soon as possible, so that you can document the problem. Hint: check off ALL boxes that apply, so if it's even arguably racial, gender AND age, check them all. Without a clearance from the EEOC on each element, you cannot sue, so this is an important first step. It is designed to give your employer a fair heads-up. Now, don't expect the EEOC to find discrimination, all you're looking for is a Right To Sue letter so that you can hve an attorney pursue your claim, the EEOC tends not to find discrimination very often. It's left mainly to the private sector to sort things out.
Regina Brice
Brice Law Offices
2232 S. Main Street #364