job discrimination and harassment

[Michael1257]

What is the name of your state? Texas
My wife is a govt worker, she was abused and forced out of her job by co-workers and Management, she also ended up in the emer room, she filed an EEO within the company and just received a notice stating what had happen to her was wrong and should have never took place. She even received a letter from one of the Mgr's saying how sorry they were. Before she received her noticed she was pulled into an office and told they were thinking of removing her from her job and she was written up. Thats when she ended up in the emer room, she could no longer take the abuse and harassment an took a job which pays less and is a longer drive for her, the noticed she received was concerning loss of pay $650 and a award they pulled from her during this incident of $250, which was an award for doing a great job. She has refused the amounts offered and told them she would press on. Her last (2) yrs when rated by her bosses she has scored top scores of (30) thats the highest score you can attain in her position. Does she have a case for a lawyer. Thanksss For Your Time.

 

[Beth3]

On what basis does your wife believe she was harassed/discriminated against? In order for it to be a viable EEOC claim or suit, it must be because of her membership in a protected class, i.e. the harassment was BECAUSE of her age (over 40), race, religion, gender, national origin, pregnancy, etc.

 

[Michael1257]

On what basis does your wife believe she was harassed/discriminated against? In order for it to be a viable EEOC claim or suit, it must be because of her membership in a protected class, i.e. the harassment was BECAUSE of her age (over 40), race, religion, gender, national origin, pregnancy, etc.

Beth, she's the only white female, she is over 40, and why would they make an offer???? she was also told by the eeo investigator they would like to handle it within the work place, that's kinda odd????

Thanksss..Michael

 

[enjay]

Filing a formal EEO complaint is not the first step. Management first needs to be aware of the situation and needs to take concrete steps to resolve the issue at hand. Only if that fails should the EEO suit be pursued. A formal EEO suit filed without having first exhausted the internal procedures will be thrown out.

You haven't stated anything that states she was being harassed because of her sex or age though...what are the specifics?

 

[JETX]

As correctly noted by Beth, there are LOTS of reasons why they might have made this offer and none of them are proof of a violation. The only way to determine if there really was an actionable violation would be by a FULL and complete evaluation of the facts. At this point, you haven't provided them.

And something else to consider.... their offer to resolve this is not an admission of guilt and can't be introduced in court if you decide to pursue action. Offers of settlement are done all the time, usually because it is cheaper than the threat or process of litigation, without any determination of guilt or liability. As such, they are not admissable in court.

I would seriously consider ALL the facts before passing on this sure thing, for a very risky chance at a higher (hopefully) award in trial.

Additionally, if she got so stressed by the job that she sought medical treatment, imagine the stress of a year or two pre-trial discovery, depositions, investigation, etc. And that wouldn't even cover the trial itself.

 

[Beth3]

Michael, JETX is of course right. There's all kinds of reasons why they might have made your wife an offer even though no laws were violated. Because she happens to be female and over the age of 40 doesn't mean these things happened to her because of her gender or age.

All employers prefer to resolve problems like this within the company because it's quicker, easier and cheaper (for all concerned.) If it's an ethical employer, that will be the best avenue for resolution. If they're not, then it's time to consider going to outside venues available to you, provided there is some legitimate basis to do so.

I think JETX makes a legitimate point about your wife's ability to cope with several years or more of legal wranglings. That's something the two of you need to consider as well.