retaliation/discrimination/pregnancy/fmla violations

Similar to your last posted question, I too am employed with GEICO for the past 7 yrs and believe as there top producer for the southern region that I am being retaliated against due to filing an internal claim of sexual harraassment against of the GOOD ole' mgmt boys. In fact my supv told me that I am not promoting due to that. I, am a black female and went on maternity leave and was told I couldn't apply for a supv while on maternity leave due to the pregnancy--they even put it in writing! Furthermore, they are trying to hold me accountable for the 3 months of sales I should've had--had I not been out on FMLA maternity leave. All of this I was smart enough to have them put in writing! Do I have a case or just no future after 7 yrs?

2 answers  |  asked Dec 4, 2002 3:55 PM [EST]  |  applies to Texas

Answers (2)

Ken Molberg
retaliation/discrimination, etc.

You may indeed have a case, and more than one of them at that. Without delving into each possible avenue of approach, Title VII of the Civil Rights Act of 1964 prohibits your employer from retaliating against you for opposing practices (such as sexual harassment) that are illegal under the Act. The state counterpart to Title VII, known as the Texas Commission on Human Rights Act of 1983, also prohibits retaliatory conduct.

It also seems that your employer may have run afoul of the Pregnancy Discrimination Act, which is an amendment to Title VII, by failing to promote you or consider you for promotion.

Furthermore, if I read you right, you are also being penalized for exercising or attempting to exercise your rights under the Family & Medical Leave Act of 1993. This, too, is unlawful.

I have not touched on all the possible routes of redress you may have available to you. And, of course, any final decision must be made on the basis of further facts. But given the situation you describe, you should in fact follow up with an attorney.

Ken Molberg
Dallas

posted by Ken Molberg  |  Dec 4, 2002 4:56 PM [EST]
Karen Fitzgerald
retaliation, etc.

Based on the information you set forth, it certainly sounds as if you have some valid claims. Certain of the claims you would want to assert, such as discrimination and retaliation, have a short time frame for being reported to the EEOC or TCHR. Without more information, we cannot tell whether those claims would be time barred or not. You should consult with an attorney and provide the attorney with a detailed chronology of events. That will help the attorney determine whether any of the claims are time barred. You would also want to make sure that you give the attorney a copy of all of the documents that you that would support your claims.

posted by Karen Fitzgerald  |  Dec 4, 2002 4:04 PM [EST]

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