Legal Question in Sexual Harassment in Tennessee
Unsure about what is what
I don't know if what I have will even see the light of day. The HR rep was always touching me. I was poked in the navel with a finger, had my hair pulled and played with, was repeatedly hugged and petted, received a pinch on my bottom with the explanation that something was on my pants. Don't most normal people just tell you to find a mirror and look for yourself? I don't know how to respond to that sort of action. I read that Sexual Harassment is ANY kind of unwanted advance. The hair-thing doesn't really bother me, but the flesh-to-flesh contact makes me very upset. After I told the rep to stop it, and I said something about it to someone else, I received horrible treatment. A few weeks later, the rep yelled at me; bullied, belittled, insulted and then fired me. A company meeting was held so that she could tell the workers what a bad person I was. So, according to my calculations, it is sexual harassment, negligence, slander, violation of privacy, violation of my Constitutional rights, marital status discrimination, threats of lawsuits, telephone harassment, and the rep told other workers what is in my employee file! What can I do?
NLRB-not much help; attorney and EEOC-have yet to contact me. Please advise. Thanks.
2 Answers from Attorneys
Re: Unsure about what is what
Based on what you have described, it sure looks like sexual harassment to me. These cases can be very difficult because everyone is different and rises or falls on the facts of each case. Harassment by an HR professional is worse because they are the ones who are supposed to police this type of behavior. The EEOC is overworked and under staffed it will take them some time to investigate your case. They do a great job when you consider how much work they have to do and how little resources and people they have to work with. Your best bet is a private attorney who does a lot of this kind of work. Employment law in general and sexual harassment specifically is very specialized and lawyers who are not used to dealing with the process can be out of their element. You should look for an employment law attorney to help you ASAP.
Re: Unsure about what is what
It may be that you have an actionable sexual harassment claim and a possible retaliation claim. All of this depends on the nature of what you said and who you told about the unwanted advances.
You need to consult with an attorney who handles cases like yours. Take everything you have, especially any record of the complaint you made about the conduct, a timeline of events and the company's sexual harassment policy.
If you would like to schedule a consultation with us, please do not hesitate to contact me at [email protected].
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