QUESTION
retaliation, bullying, hostile environment, fmla possible violation
Asked on Apr 21st, 2014 on Labor and Employment - Georgia
More details to this question:
My supervisor sent an email to my coworkers explaining that I'm out of work on an emergency medical leave. As well as stating my leave has not been approved yet and it is impacting the team, is this a violation? This is along with retaliation for a sexual harassment/hostile environment claim that resulted in HR findiing no fault despite the proof provided. As well as a negative annual performance review which resulted in no raise and a being forced to abruptly change my 3 day work schedule to a 5 day despite me explaining I could not secure child care within the 7 day notice provided. I was still forced to change then threatened to be written up when i would arrive a few minutes late my shift despite me asking to adjust my hr lunch to 30 mins or no lunch at all and being denied the request.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
Retaliation is unlawful under Title VII and under the FMLA. While the note to your co-workers might not be retaliation or unlawful (it would depend on the rest of the facts that I don't know) it is unlawful to change your working conditions to less advantageous ones because you opposed what you believed was unlawful discrimination (sexual harassment is a form of disrimination), provided you could show that your belief that the employer's actions were unlawfully discriminatory was objectively reasonable (which in this federal circuit means that a labor lawyer when examining the facts also would have concluded that the employer's action was unlawfully discriminatory). I would need to know a whole lot more than you wrote in this email to advise you more fully on whether you have a case that would be worth pursuing.
Michael A Caldwell
404-979-3154
Answered on Apr 22nd, 2014 at 4:41 PM