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Workplace Seniority Injury Discrimination

Discussion in 'Discrimination & Sexual Harassment' started by SabrinaSwinney, Jul 25, 2013.

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  1. SabrinaSwinney

    SabrinaSwinney Law Topic Starter New Member

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    I worked for my employer for almost two years, during the time, I had 4 separate supervisors, one of which who made open sexual advances towards me, which became so obvious my coworkers began making derragatory remarks about it towards me. I told him of it and that it was making my job hard because no one would work with me and spoke negatively about me. He paid it no mind and continued to flirt, asked to come over to my house, things of that nature. However, because the department was ran on certain standards known by all senior associates, he still treated me as a lesser because I'd been with the company the shortest amount of time. I complained about the treatment, working 5 hours before recieving a break because I had to wait until all the other associated had taken 30 minute breaks instead of 15. We lost 4 people to pregnancy, layoffs, etc. and he still refused to hire anyone else, insuring I was at the bottom and I would always be the last associate to go home, which was when he would leave.

    During the slow season, he based who got to work their full scheduled hours off who'd been employed with the company the longest (this could go vice versa if the senior associates did not want to work their scheduled hours that evening or week) So on some days I only worked 2 1/2 to 3 hours. I was not aware at the time that I am required by their handbook to recieve at least 4 of my 6 scheduled hours. Because of their seniority rule I lost my car and home, because I was unable to afford to keep up. I then became injured from completing a lift. I was assigned a task that they normally limit to the male associates because of the obvious strain. I attempted the task anyhow because it was in my job description. I ended up with a herniated disk, but at the time just a obvious pain, that I immediately notified my supervisors of. Neither of them documented it or gave me information on WC. I was out of work for a month on medical leave attempting to recieve treatment before I was terminated. I am attempting to file a complaint against the company but dont know where to begin. First, is any of the above actions by my company or supervisor considered illegal.

    Thank YOu for your advice.
     
  2. cbg

    cbg Super Moderator

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    How many employees does this employer have? It makes a difference to the answer.
     
  3. Betty3

    Betty3 Super Moderator

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    We don't have many details re the sexual advances but sexual harassment would be illegal. Discrimination based on seniority would not be illegal.

    However, your employer should have reported a workers comp claim.

    I would start by talking to an employment law attorney (one that knows about WC laws) & give him/her full details of all happenings. If your former employer has at least 15 employees, you could also file a complaint with the EEOC due to sexual harassment.

    Re the information in your handbook, a handbook generally doesn't rise to the level of a binding employment contract.

    Bottom line - talk to a lawyer.

    PS - Did you qualify for FMLA leave when you were out? It is required though that you work a certain # of hrs. in the past 12 months before the leave. Here is a link re FMLA & ALL the requirements.

    http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
     
    Last edited: Jul 25, 2013
  4. cbg

    cbg Super Moderator

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    We don't know how many employees this employer has. Employers of less than 15 employees are not subject to discrimination/harassment laws.
     
  5. Betty3

    Betty3 Super Moderator

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    I know we don't know the # of employees. That is why I said if the employer has 15 or more employees, a complaint can be made with the EEOC re possible sexual harassment.
     
  6. cbg

    cbg Super Moderator

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    True, you qualified your first statement, but we don't know if your first statement is true or not yet. Hopefully the poster will come back and tell us.
     
  7. Betty3

    Betty3 Super Moderator

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    She could file the complaint if she believes she was sexually harassed as long as the employer has 15 or more employees & the EEOC will investigate. She was told 15 employees or more so OP knows the #. If the employer has less than 15 employees, then OP knows a complaint cannot be filed with the EEOC.

    Of course; if a complaint can be filed with the EEOC, we don't know if they will determine if it was sexual harassment or not (we don't have all information) but she can file due to sexual harassment & see what they determine.

    I agree we could tell the OP more FOR SURE if we knew the # of employees - FMLA requires at least 50 employees within a 75 mile radius of her work location though that info is in the link I provided.
     

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