Legal Question in Employment Law in New York

Boss discussing my legal matters with my coworkers

I filed with the EEOC. They decided in my favor. Conciliation failed, but the case has grown in number of filings, etc. My brother in law filed and the EEOC decided in his favor for Retailiation (on him) because of me. There are 49 filings thus far, 8 (I believe) have the support of the EEOC. Today, my brother in law's supervisor had his EEOC documents out on his desk and shared the documents with two of my brother in law's co workers. The boss'remarks were in essence...''why did he have to go and do this'' ''you should talk to him about this mistake'' etc. Is this legal? What can we/he do? Of course we will contact the EEOC - but is this a chargeable offense?


Asked on 1/07/06, 1:02 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

.Are your B/I/ L coworkers involved in incidents?

It depends on whether the co-workers he was discussing the case with are involved in the incidents and could be construed as necessary people to discuss the allegations with.

If not, the allegations are supposed to be confidential, and this can be construed as a violation of that confidentiality rule. Perhaps more, but you have not provided enough information.

It sounds as though something is going on that affected many of the company's personnel. You have a potential class action suit there, and if conciliation fails and the EEOC does not wish to pursue it, and you or your brother in law do, please feel free to contact me, either with email or telephone to discuss your options.

When you have a finding of probable cause

you have a certain period of time within which to inform the agency that you wish to bring your own action.

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Answered on 1/07/06, 3:49 pm


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