sexual harassment case

[sms]

i recently participated in a fact-finding with the EEOC and my harasser. He gave no defense nor denial to the accusations in fact apologized if he had upset me then proceeded to try to destroy my character by saying i was a disgruntled employee whom caused major problems. When asked he had to admit that my personnel record showed none of these allegations (simply because they never happened). He also said i was the one referring to sex so much that he had to use another woman as a shield against me. I thought this kind of moranic view of women had disapeared. I have been told that the EEOC does not put much weight on this kind of stuff only the facts you can prove and how credible your story appears. Am i correct in my belief on this?

 

[Tyrone]

I am not very clear on whether you are asking a question or you you are just complaining.

In any fact finding endeavor, it all depends on how the fact finder -- here an EEOC staffer -- judged the parties' credibility. they know sexual harassment usually does not involve video tapes..... Trust the system until you have reason not to.

 

[Attorney_Replogle]

First let me say that I am licensed only in California, so my advice will be general in nature. Please see this web site for the listings of a labor lawyer near you. Then contact that attorney right away. Next, in general the EEOC is a good governmental agency, certainly better than the CA state version called the Department of Fair Employment and Housing (DFEH). My take on your story is that the fact finding hearing was a rout by you. If none of your allegations were contested and his attempt at character assination was shot down, then your overall credibility has been greatly bolstered. His claim that you were the one constantly brining up sex is contradicted by your undisputed facts and a valid inference that even if it were true, he never complained. So all of this is evidence that the trier of fact (the EEOC) will weigh. The credibility of the parties is judged as a means to determine the facts. The main question is what do you want done by the EEOC? You may have greater remedies available to you now, so contact an attorney in your area. Hope this helps.

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Mark B. Replogle