possible legal proceedings
I was recently fired from United states Post Office for what I believe retaliation for Sexual Harassment suit that I consequently won. I was injured on the job, and they used my out sick absences to remove me. My strong belief was that the two were related. Can I sue, and on what grounds?
1 answer | asked Jun 23, 2003 12:41 PM [EST] | applies to New York
Answers (1)
Retaliation
Generally, an employer, including the U.S. Postal Service, which, as a federal employer, is covered by a slightly different set of rules, cannot take an adverse action against an employee because that employee has made or assisted on a complaint of discrimination, including sexual harassment. This would be considered retaliation, and an employee who experiences retaliation can sue the employer under Title VII. However, whether a particular adverse employment action, such as a termination, is retaliation is a fact question requiring an examination of all the circumstances.
That you believe your termination is related to your sexual harassment complaint is a start, but the critical question that I, as an attorney who might consider your claim, would want addressed is why do you believe the two are connected. That is, what do you know about this work place that causes you to connect the two? What has the employer done when other employees had similar absences? What the anyone at this employer do or say that causes you to connect the two?
In any case, as you did when you brought your sexual harassment complaint, as a Postal Service employee, you need to contact a EEO Counselor as soon as possible.
posted by David M. Lira | Jun 23, 2003 4:27 PM [EST]
Generally, an employer, including the U.S. Postal Service, which, as a federal employer, is covered by a slightly different set of rules, cannot take an adverse action against an employee because that employee has made or assisted on a complaint of discrimination, including sexual harassment. This would be considered retaliation, and an employee who experiences retaliation can sue the employer under Title VII. However, whether a particular adverse employment action, such as a termination, is retaliation is a fact question requiring an examination of all the circumstances.
That you believe your termination is related to your sexual harassment complaint is a start, but the critical question that I, as an attorney who might consider your claim, would want addressed is why do you believe the two are connected. That is, what do you know about this work place that causes you to connect the two? What has the employer done when other employees had similar absences? What the anyone at this employer do or say that causes you to connect the two?
In any case, as you did when you brought your sexual harassment complaint, as a Postal Service employee, you need to contact a EEO Counselor as soon as possible.
posted by David M. Lira | Jun 23, 2003 4:27 PM [EST]
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