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Should I find a lawyer, or just file with EEOC?

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Allison Jones

Junior Member
Please Note: I live in San Francisco, California

I am a young, female, college student; however I have worked in the restaurant industry since I was 16 yrs old (roughly 8 yrs.). I have encountered sexual harassment and/or discrimination in one form or another at nearly every restaurant I've worked at. Prior to this, I have usually just left a job if it became unbearable, however this time I decided to try and do something about it. When I was first hired at my place of employment, the manager who hired me made sexual advances towards me, including hitting my bottom with a check presenter on several occasions. When I told him he was making me uncomfortable, he responded by saying he just liked to joke around with me like I was "one of the guys" (although I seriously doubt he acted in such a way towards them). Before my training period was over, he quite over a wage dispute with the owner (and before I could file a formal complaint). My next manager repeatedly asked me personal questions about my relationship with my boyfriend, including if I "really loved him", and "how did I know I loved him". He said he just wanted a girl’s perspective on his relationship (which he also talked about endlessly). On several occasions he also told me he was in a good mood because he "got laid" last night. On another occasion, he slipped me a phone number in front of my male co-workers, and when I asked him what it was, they all laughed at me. When I finally told him he was making me uncomfortable, he became verbally abusive towards me, calling me annoying, and telling me to "**** off", when I asked him work related questions. During this time, my hours were cut, and three male employees who were hired after me were promoted to higher paying night shifts, while I was kept on lunch shifts. I decided to ask both of my other managers (who were also hired around this time)why myself and the only other female server in the restaurant (beside one older woman who works 2 shifts per week, and has worked there for over 10 years) weren't being given better shifts, and stated that I felt we were being discriminated against. The restaurant I worked at had 6 female employees out of about 60 employees total, and three of the women were office workers. I repeatedly asked if there was anything wrong with my job performance, and was told their wasn't. After nothing changed on the schedule, I told my manager that I intended to file a grievance with the owner, and he asked me not to, and said he would take care of it. Several days later I was fired; supposedly because they needed people who could work full time (I had specifically asked to go full time in 2 weeks once my finals are over, on that same day). Also, 2 male servers were hired 2 days before my termination. Furthermore, my work record was literally perfect, I was never reprimanded for anything, consistently received good comments by customers, was never (literally) late, and only called in sick once, when I was in the hospital. However, I only worked there part time for 8 months, and I assume my employment was "at will". I appreciate your help and consideration in this matter, Thank you.
 


Beth3

Senior Member
Which you want to do first is up to you. You don't need a lawyer to file a complaint of sex discrimination with the EEOC or your State's equal rights division. If it were me however, I'd consult with an employment law attorney before proceeding.
 

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