Legal Question in Employment Law in Virginia
I filed a Sexual Harassment charge again my supervisor. I was told by the company Human Resource person; because my supervisor only touched me once, I do not have a case. My supervisor has started retaliating against me for filing the charge. He uses threating posture and intimidating behavior toward me all the time. I am afraid for my safety. I have reported this to Human Resource but nothing has been done. I am a member of a union. I have tried on several occasion (months through certified letters, calls, in person) to contact someone at my local and at the international union. I ran into a fellow union member who told me our local has been placed under administration (whatever that mean). I fill I am getting the run around. What are my options?
1 Answer from Attorneys
It does not matter whether your own company's human resources department thinks you have a case or not. They are not exactly objective or unbiased.
You need to contact the Equal Employment Opportunity Commission (EEOC) and file a complaint with them. I know enough about EEOC procedures to konw that they WILL handle your problem. You have to be persistent. I am not saying tha tit is simple or easy. There can be a lot of forms and bureaucratic red tape.
However, they WILL process your complaint and investigate. Just be persistent.
You CANNOT file a lawsuit until the EEOC investigates first.
Note that when you do get a letter from the EEOC, you have only a short time in which to file a lawsuit.
Strangely, the retaliation against you for filing a claim can be far more seroius (or rather easier to prove) than the original conduct.
However, what you describe sounds a little vague. It would be easy for someone to say that you are only imagining it or it is a matter of opinion.
Still, any retaliation is often a "bigger deal" than the original misconduct.
But they are usually looking for retaliation that is more clear-cut, like denied for promotion, given less opportunity, refused any benefits that others get like training, vacation, etc.
Posture and behavior are a little harder to prove and deal with.