Extension On Deadline At The Human Rights Department
My question involves labor and employment law for the state of: Illinois.
Can someone please tell me how to get an extension on the 180 day deadline to file a discrimination complaint.......I did not discover the allegations until recently.
I just found out on monday, June 2, that HR at my previous employer(from 15 months ago (3/2007) has me down as not-eligible-for-rehire due to "allegations of a sexual nature". I was never notified about these allegations. The allegations are retaliation from my manager who was getting even for me wanting to quit his department and continue to work in another department of the hospital.
The day after I told him Im quiting his department, he called me and said "i just had a bunch of nurses in my office this morning" "if you think youre going to come hear and pick up shifts in the ICU, Im going to let out all this information about you" i said "what do you have" and he said "Im just tellin you if you come back....its all coming out". I never went back because the nursing program where I just graduated from is affiliated and I was afraid he was going to slander me and it would get back to my instructors somehow and affect my chances of graduation.
Re: Extension On Deadline At The Human Rights Department - Help Please
You will have to attempt to file a complaint at the agency. The agency will have to determine if there are any grounds to waive the 180 day filing requirement. Quite frankly, you haven't indicated any. You also haven't provided any information to suggest illegal discrimination.
Re: Extension On Deadline At The Human Rights Department
"According to the EEOC, an employer cannot discriminate against employees or job applicants in any aspect of employment, including the following:
Transfers"
The next morning after informing my manager that I wanted to leave his floor and just continue to pick up shifts in the ICU, he threatened me that he would retaliate against me if I ever came back to work in the other department.
I was never notified by any representative of the hospital of the allegations reported to HR. Therefore, I couldn’t have filled with the Human Rights Dept. within the 180 days. I just found out about all the allegations last week. My rights have been violated because the hospital has a duty to fairly investigate such allegations. This was never done.
Re: Extension On Deadline At The Human Rights Department
The federal EEO laws prohibit an employer from retaliating against an employee because s/he participated in an EEO proceeding or protested something prohibited by the EEO laws. You haven't indicated that you have done either. "Leaving the floor and just continu[ing] to pick up shifts in the ICU" isn't covered by the EEO statutes. They prohibit employment discrimination based on race, religion, sex, color, national origin, age and disability. See http://www.eeoc.gov/abouteeo/overview_laws.html.
Stating that you aren't eligible for rehire because of sexual allegations isn't a violation of any of the EEO laws. The EEO laws require an employer to conduct an inquiry when an employee alleges that s/her has been sexually harassed or otherwise harassed based on any of the other discriminatory factors. You don't know whether the employer conducted an investigation into the allegations against you. And, because you are not the victim of alleged harassment you don't have any rights with regard to the alleged harassment under the EEO laws.
Re: Extension On Deadline At The Human Rights Department
Thank you Mitousmom for the feedback.
Because they said "allegations of a sexual nature" is that less character-damaging then "allegations of sexual harrasment"?
Im applying with the Army for a commission as an Officer Nurse(extensive background check due to security clearance). My recruitor said, as long as you were not fired for sexual harrasment and/or brought to court and found guilty of sexual harrassment, dont worry about it.
Im only aware of the Human Rights dept. option because the Lawyer i consulted told me to go down to the state building and tell them what happend......ask to speak with someone and file a report. Id see him to clarify but that would cost more money again..........Im a new grad
Re: Extension On Deadline At The Human Rights Department
Quote:
Quoting
Ezra
Because they said "allegations of a sexual nature" is that less character-damaging then "allegations of sexual harrasment"?
Whether they are less character-damaging is really irrelevant. The EEO laws protect the victims of alleged sexual harassment, not the indvidual alleged to have been the harasser.
Quote:
Im applying with the Army for a commission as an Officer Nurse(extensive background check due to security clearance). My recruitor said, as long as you were not fired for sexual harrasment and/or brought to court and found guilty of sexual harrassment, dont worry about it.
Maybe that's the way it works in the military. The federal EEO laws don't apply to military personnel. However, in the civilian world, an employer in most states can terminate an employee or decline to hire him/her for any reason as long as the reason doesn't violate a law, a CBA or some other contract.
You can always discuss your situation with the Human Rights Department or EEOC. They both are free.
Re: Extension On Deadline At The Human Rights Department
My manager falsely told HR that he and I had a conversation and that I rebutled the nurses allegations by saying "the one nurse put the others up to it". This conversation never took place. I was never contacted by anyone about this and never gave my side of the story.
Sexual advances where routinely made towards me, the ratio on the floor was 25 women and three guys.
What kind of options do I have here?
Re: Extension On Deadline At The Human Rights Department
I'm not aware of any legal options you have. You left the employer 15 months ago. Nurses are in great demand. It's unlikely that your survival will depend upon your working for your ex-employer. You've been told that the comment won't adversely affect your getting the Army Commission. I suggest you follow the advice of the recruiter. Put the experience behind you and move on. Focus on the future; not the past.
Re: Extension On Deadline At The Human Rights Department
You have the option of moving on.
Nothing you have posted suggests any violations of the law, any violations of your rights, or any legal recourse.