My Supervisor Sexually Harassed Me, Hr Said It Was A “miscommunication”, And Eeoc Dismissed My Complaint?
After years of constant sexually harassment, I got the courage to complaint to HR. I provided a list of witnesses and a tape recording on which my supervisor promised me a promotion to a director in exchange for my silence. However, HR concluded that there was no sexual harassment, only a “miscommunication.” To this end, I filed with a complaint with EEOC.
Long story short, I called the investigator and he first tried to downplay my complaint. He, then, said I should try to settle and that he would contact my employer. He called back a day later saying they offered $4,000. Because I refused the money, the investigator got upset and said I should “fight them forever.” When I asked for my employer’s position statement, he refused to give it to me, saying: “things can’t be a tit for tat.” When I asked him whether he had read my complaint, he said no…”there is too much information..there is no real way to read all that stuff.” Note: all of this was caught on tape.
After the above took place and some time passed, EEOC dismissed my case saying that I waited too long to file my complaint. I got a right to sue letter, but because I couldn’t find an attorney, the 90-days have passed.
To make matters worse, my job laid me off citing funding cuts. I am hurting. What other recourse do I have? Since I have the tape recording of the EEOC investigator, should I expose him as well as my employer? I know I can expose them in the media, but that is short live. Anyone else with similar experience with EEOC?
Tagged with: Complaint • Dismissed • Eeoc • Harassed • Said • Sexually • Supervisor • “miscommunication”
Filed under: Human Resources Director
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HR works for the employer – NOT the employee.
I definitely feel for you. What you have just described is what lots of people go through. I have some questions for you. Did the person who filed your complaint refer your case to mediation? If so, did you and the employer meet or not meet? Did no attorney want to take your case because your employer is a big company that they don’t want to go up against?
Back here in England I have Home and contents insurance including Legal assistance. They would be my 1st port of call. They would want to see all the evidence first and then decide whether or not the case is worth fighting. You most likely already have but make sure you have duplicates of all evidence before giving it to any third party. good luck!
First, let me say that I am sorry you were sexually harassed, no woman should have to put up with that. Second, your case is a great example of what happens when a person attempts to deal with discrimination in the workplace on their own. Dealing with the EEOC is NOT a DIY action, you needed an attorney from the beginning, right after the first event of harassment.
Because you did not file the EEOC law suit on their Right To Sue letter, your case is done, over, cannot be opened again. That 90 days was the final limit.
Not surprising that the employer laid you off, the employer was required to obtain an attorney to respond to your EEOC complaint. You had an opportunity to negotiate a fair settlement which could have included a different situation for you and the supervisor in question. Had you obtained an attorney, your attorney could have done the negotiations on your behalf.
One of the reasons that the EEOC investigator got so frustrated is that it is rare in this economy for an employer to even offer one penny. The employer opened the door for a negotiation with you, that was an opportunity to resolve the issue and for both sides to get at least part of what they wanted. Depending on the facts in your case $4,000 may have been a very good settlement. Employment law cases rarely make a ton of money.
Finally your liberal use of tape recording people may be against the law in your state. In some states tape recording someone without their permission is a criminal offense and would never be used in a court of law.
As for the media being interested LOL, the media does not care about employment law cases: unless you are politician or a public figure. The fact that you were offered money and an opportunity to negotiate and turned it down does not help you.