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Can "Discriminatory Animus"/other legal terms containing the word "Animus" be used for purpose of suing a company in EEOC case?

Fond Du Lac, WI |

I was at my job 24 years ( A new supervisor came and harassed/bullied over 5 employees who quit the 1st 3 months (I believe to clean house of higher paid workers). I hung on for 3 years and I also realized I was "protected class". I filed with the EEOC. I was finally terminated. The company did not want to pay unemployment. The Unemployment Judge ruled "Quit for Good Reason", after "2" unnecessary Unemployment Trials. I received unemployment (which I never received before). I can't find work. EEOC said they do not know what "animus" is. Isn't this a term used for discrimination over a long period of time? Are there other types of animus, like retaliation animus? I believe I suffered a long time trying to stand up and now no income. I now have PTSD diagnosed by my counselor.

Attorney Answers 3

  1. Best answer

    Discriminatory animus usually refers to conduct by the employer which demonstrates discriminatory intent because the employer rarely admits that it took adverse action against an employee for discriminatory reasons. Discriminatory animus can be inferred for example through the lack of a legitimate reason for the employer's conduct.

    Our firm is licensed to practice law in the State of Wisconsin and offers information on federal laws that may apply to residents of other states, however, we offer no advice as to the state laws outside of Wisconsin.

  2. It sounds like you're trying to handle your EEOC claim by yourself without an attorney. I suggest you contact an attorney to help you with your claims immediately. You only get one opportunity to bring these types of claims and there are strict filing deadlines that you have to meet. An attorney will know how to phrase your claims and frame your arguments in a way that will help you get the best settlement or result at trial. Most attorneys will do a first consultation for free and take a case like yours on a contingency basis, meaning they will only collect fees if you win. I'd talk to an attorney right away.

    Joe Larson

    This answer is for information only. It does not constitute legal advice. This answer does not constitute, nor do they create, an attorney-client relationship between Joseph A. Larson Law Firm PLLC and any receiver. This site is governed by a Site Use Agreement that you accept by reviewing these pages. The information provided on these pages is general only, and you should not act upon this information without consulting with an attorney.

  3. First of all, you need a lawyer. Many employment lawyers will at least consult with you initially without a fee. Mr. Larson is too professional to say this for himself, but, since you are in Wisconsin, and he is in Minnesota, I think you should contact him. Generally, try the website, the website of the National Employment Lawyers Association, which should let you find someone in Wisconsin if that is preferable. Good luck.

    This response creates no attorney client relationship; consult a local lawyer for help if you proceed.

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