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EEO Complaint and Lawsuit ?

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Prisoncop

Junior Member
What is the name of your state (only U.S. law)? Arizona

Hello,
I am turning to this forum because I have never experienced or gone through anything such as I am at this point.
I have been experiencing sexual harrassment via a co-worker in form or sexual comments and gestures. Where I work, it is an unwritten law to never write up (write a written statement) a fellow officer because one would be considered a snitch. The situation became very uncomfortable and I , whenever I saw him coming my way, became very nervous in fear that he may say something sexual to me again. I was intimidated for a couple of months because I feared retaliation from other officers against me and also because the offending officer is pretty high up in the union and friends with quite a few higher up officers, thus, I didn't report the incidents but thought that I would handle it all on my own. After all, I depend on my fellow officers for saving my life if necessary and I cannot afford them not to respond to a staff down call from me in the event that I would be assaulted by an inmate. I feared that. Anyway, the offender created a work environment for me that was very difficult after I had made it very clear to him that unless the subject at hand is work related I do not want to talk to him and I don't want him to talk to me. Male officers who are the offenders friends shunned me and made working with them very hard.
About 2 weeks ago, the offending officer made the comment that "i have no friends on this unit". This confirmed for me that he influenced other officers to a point that they simply want nothing to do with me anymore because I made it clear that I will not tolerate sexual harrassment.
I began the process of 2 different actions against the offending officer. One is an internal investigation and the second one is an EEO complaint.
Today, in a fact finding interview with an EEO representative, I learned that there was a case where an officer filed an EEO complaint against another officer and a lawsuit was filed. The officer that filed the lawsuit, won the lawsuit and subsequently the offender lost his job.
The EEO representative that I spoke with today, was however reluctant to give me more information. At this point I don't know what happens next from the EEO department. All I was told was that the EEO documentation would be sent up to the warden. I even had to ask her if I would be informed of the status of the complaint as thing progress. She told me that I would be informed but that was it.
My question is: If I wanted to file a lawsuit, who would the lawsuit be against ? The offending officer or the agency that I work for ?
Can a lawsuit be filed in conjunction with the EEO complaint ?
Who files that lawsuit ? Me or the EEO on my behalf ?
I simply do not fully know my rights in all of this.
By the way.....I do have a witness to at least one of the incidents that took place, so it's not my word against the other officers' word.
Gosh, I hope that I didn't confuse anyone with the things that I wrote but the matter of the fact is that I AM COMPLETELY confused as to the whats and hows and my rights.

Thank you kindly
 


eerelations

Senior Member
You cannot file a lawsuit until the EEOC investigation is complete and the EEOC gives you a right-to-sue letter. If the EEOC gives you a right-to-sue letter then you can hire an attorney and sue. The entity you'd be suing is your employer (the organization).
 

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