Legal Question in Sexual Harassment in Virginia

Who determines medical leave?

I was given 6 months medical leave without pay by my employer. I have no medical reason, and have not asked for time off. There is no doctors note. I feel he is worried about a sexual harrassment case and trying to fire me without using that term. I have been diagnosed with depression for over a year, before my employment ever began. I missed 2 days of work because I was feeling sick. And now I've been issued medical leave by him. Two days prior to my sick days, I was informed of his marriage. And was intoxicated with him one evening, and eye witnesses saw him pushing himself on me. I have always told him no to sexual advances. His favotire comment in the work place is ''sexual harrassmenet will not be tolerated it will be graded.'' He has asked for sexual favors numerous times. I have feared for my job and have not gotten into a relationship since I have been with this company for fear of unemployment. What should I do?


Asked on 11/13/06, 4:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Who determines medical leave?

The situation you've describe appears somewhat bizarre. However, if you're in fact discharged from your position or even placed on extended leave without pay(definitely an adverse action) on what's called a pretext(some reason such as an alleged medical or mental health issue which is really a cover to prevent a charge of sexual harassment from being brought or in retaliation for such a charge already made), you may well have a viable discrimination claim in federal court against this particular employer based on federal antidiscrimination law which prohibits sexual harassment in the workplace.

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Answered on 11/14/06, 9:19 am


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