I reported my supervisor and manager for sexual harassment to HR. The company never acknowledged my complaint. Can I sue?

Asked almost 3 years ago - Los Angeles, CA

I feel that I was discriminated against because I am a mexican woman. My white female manager only hires men shorter than her. Anytime I spoke to a friend of mine, who is a white male. My manager and white male supervisor would constantly leer at me. Even though I was on break. They never advised me that I was doing something wrong. I called to report the situation to ethics/HR 03/02/11 and 03/20/2011. I reported I felt I was being sexually harassed by my sup and mngr . On 04/04/11 I was transferred to a different city for two weeks. My manager and supervisor retaliated against me. I was to be fired 04/08/11, suspended 04/13/-04/14/11, 04/25/11 placed on paid administrative leave. Forced to go to a psychological evaluation on 05/02/11. Then made to go on disability in order to get paid.

Attorney answers (4)

  1. Michael Robert Kirschbaum

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . It is one thing to feel discriminated against. It is another to be able to prove it. But sometimes, how an employer responds to a complaint of discrimination and harassment gives rise to an even better case.

    There is no way to say whether you have a good case or not, based on your post. Clearly, the evidence needs to be evaluated and further investigation of the facts must be done. This is a case where there is no substitute for meeting with experienced employment law attorneys in your area, for opinions about whether a lawsuit or some other kind of action is appropriate. You should speak with at least two or more attorneys to get different opinions and go with whomever you feel most comfortable with.

    You also have the right to file a complaint with either the California Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. You can ask either agency to investigate your claims. But don't wait much longer as there are strict deadlines to file such claims.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  2. Steven Mark Sweat

    Contributor Level 19

    1

    Lawyer agrees

    Answered . It sounds like you may have a claim but, you would really need to set up an in-depth consultation with an attorney, bring them all of the paperwork regarding the incident reporting, any letters or memos you received as a result of the employer's investigation, and any paperwork you have regarding your suspension and disability status. This is best done in person so that an attorney can look at all of the facts and documentation and make a determination of whether you have a case.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Cynthia Ariel Conlin

    Contributor Level 12

    1

    Lawyer agrees

    Answered . This forum is mainly for general questions, not for advice on specific, individual matters. It's impossible to properly advise a client without having an interactive discussion with that client, and being able to ask key questions. Therefore, I advise you to consult with an attorney (who practices in your state) about your matter.

    Nevertheless, if you ever wish to make a discrimination or sexual harassment claim against an employer, a first step is to go through the EEOC, which is a federal organization that handles discrimination claims. Below are links to their website, which can give some insight into the charge-filing process.

    Some attorneys will guide you through the charge-filing process, should you decide to take that route. There may also be additional state remedies available to you.

    Good luck with your matter.

    I am licensed to practice only in Florida. My answer does not constitute legal advice, and the answering of this... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Best bet is to search Avvo for an employment lawyer in your state and call for a free consultation to discuss the facts and circumstances.

    Click on name or picture to see profile page.

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