Termination-sexual harassment??

[nync]

What is the name of your state? North Carolina

MY husband was terminated on 6-15 after a year of increasing harassment by his female supervisor. He had worked there for 9 years and was an excellent nurse! He has a back problem and had been talking about having surgery to correct this. They knew this and it seems like they wrote him up for petty little things every chance they got. These things had nothing to do with the excellent care he gave his patients. His FMLA was approved and scheduled to start on June 21. He had NEVER used any FMLA time before and had over 8 weeks of sick time saved up. They terminated him SIX days before his leave was to start!! Therefore he can't be reimbursed for any of the sick time or vacation time he had just earned (14 days) worth.
We feel he was being harassed on purpose and this all started when he told his female supervisor (Director of Nursing) to please keep her hands off of him ( a few years ago) because it made him very uncomfortable.
My question is: how far back can the sexual harassment have been to still be considered? Is there a time frame? It was reported to his ADON at the time and we would supoena her in a court case for her testimony. Do you think we have a case? Thank you!

 

[cbg]

Under Federal law, a sexual harassment claim can be made up to 180 days after the last instance of harassment. If you are correct about the reason for his termination, that would be the day of his termination. So you are well within the time frame.

But you are a long way from a court case yet. Before he can file a lawsuit, your husband MUST have a right to sue letter from either the EEOC or the state human rights commission, or both. They are the regulatory agencies for harassment/discrimination issues and you MUST file an initial complaint with one or the other of them (in many states, a claim with one will automatically cross-file with the other.) They will perform an investigation, which will include interviews with management and witnesses so you needn't worry about getting the info from the ADON in. At the end of the investigation (be thinking in terms of months, not weeks) your husband will receive a right to sue letter, at which time he has 90 days to file a lawsuit.

Let the EEOC decide if he has a case or not.

BTW, it might be worth his while to contact the US DOL and inquire as to possible FMLA violations. It might not go anywhere, but it can't hurt.

 

[weenor]

Under Federal law, a sexual harassment claim can be made up to 180 days after the last instance of harassment. If you are correct about the reason for his termination, that would be the day of his termination. So you are well within the time frame.

But you are a long way from a court case yet. Before he can file a lawsuit, your husband MUST have a right to sue letter from either the EEOC or the state human rights commission, or both. They are the regulatory agencies for harassment/discrimination issues and you MUST file an initial complaint with one or the other of them (in many states, a claim with one will automatically cross-file with the other.) They will perform an investigation, which will include interviews with management and witnesses so you needn't worry about getting the info from the ADON in. At the end of the investigation (be thinking in terms of months, not weeks) your husband will receive a right to sue letter, at which time he has 90 days to file a lawsuit.

Let the EEOC decide if he has a case or not.

BTW, it might be worth his while to contact the US DOL and inquire as to possible FMLA violations. It might not go anywhere, but it can't hurt.

And section 1981

 

[cbg]

I'm not seeing a claim under Section 1981 here, but if one exists, that would also fall under the EEOC so if there is one, I'm sure they'll find it.

 

[weenor]

I'm not seeing a claim under Section 1981 here, but if one exists, that would also fall under the EEOC so if there is one, I'm sure they'll find it.

An EEOC complaint, at least in the 11th Circuit, is not a prequisite to filing a 1981 claim. Got bit by this last year in defending a discrimination based on ethnicity because of course there are no caps in 1981 damages. I looked it up for this post and fortunately for us defense lawyers 1981 does not include discrimination based on sex. cbg- thanks for the info. on the cafeteria plan the other day. I should have known better- just being lazy.