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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Fired for Reporting Sexual Harrassment

    My question involves labor and employment law for the state of: New York

    Hello and thanks in advance for your help.

    A few months ago I was approached by one of my direct reports with a claim that another employee (my manager) sexually harassed them. I reported it to our HR group. Immediately I was transferred to another office which was +30miles more of a commute for me while they "investigated the report" and the alleged harasser and accuser were not transferred.

    Nothing came of the investigation from my knowledge but a few months later I was fired for violating a minor policy. One that I have seen others violate with no repercussions, especially being terminated for. All my prior reviews were good. Without going into exact detail of the policy I violated you could say it would be on the same lines of playing music in your cubicle before official working hours.

    I know this is just speculation but I later found out that the regional manager and the accused are very good friends.

    I was going to be the bigger person and just walk away and hope to find a another job but now they are challenging my unemployment benefits after 2 weeks of unemployment.Do I have any recourse? Am I protected by some whistle-blower statue?

    I thought I was doing the "right thing" but now this right thing has me struggling to provide for my family and young son. Thanks again for any advice.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Reporting Sexual Harrassment

    Run, do not walk, to the nearest telephone and call the EEOC. Since you were in a management position you were obligated by law to take action when the harassment was reported to you. I don't think you would have a hard time at all, based on the facts above, showing that you were fired for making a report that the law obligated you to make.

  3. #3

    Default Re: Fired for Reporting Sexual Harrassment

    Concur with the above responder. Time is of the essence. The limitation period for filing a charge of discrimination with the EEOC in NY is only 300 days.

    Soon after contacting the EEOC (or the state or local FEPA), you should promptly consult with a local employment law attorney. Based on your post, your employer retaliated against you for forwarding an internal harassment complaint to upper management (which, ironically, was absolutely in the company’s best interests in potentially preserving its possible affirmative defense here). You appear to have a viable retaliation-wrongful discharge lawsuit.

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