Per my previous post on this subject, I have a job problem. The problem, actually, is that I do not currently have a job, because my last boss fired me because I called him out on his discrimination against me due to my failure to put out (oh, noes!).
I got some great and very sympathetic input from the Feministing community, and decided to contact the EEOC, in lieu of the fact that I'm a college student (English majors for the win!) who can't afford attourney fees.
So, I called the Dallas EEOC. About five times. Every time I called, I got a message about how all the lines were tied up, and I should call later. So, finally, I caved and called the national branch. After holding for about 40 minutes, I finally got a hold of someone, gave them my name and information, and gave them a brief rundown of my story. They told me that, yeah, that sounds like harassment and discrimination (uhuh...), and asked whether or not my employer had more than 15 staff members. I said I didn't think so, and they told me that, if the company has less than 15 employees, they can't help me.
So, let me get this straight - if a company employs less than 15 people, they can go ahead and harrass the fuck out of us, and the EEOC can't take action?
Anyway, they told me to go ahead and file a claim, anyway, just in case my company has like 7 employees that I don't know about. At that point, they couldn't give me a timeline for how long it would take them to investigate my case, what they thought the odds would be of them taking the case, or what kind of compensation I could receive, other than that they would try to get me the same or a similar position back in my job. I'm going to file the papers, of course - but the whole thing just kind of left a bitter taste in my mouth, and I'm really not feeling all that hopeful about justice being wrought, etc.
I'm not trying to hate on the EEOC - I'm sure they're overloaded with cases just like mine. I'm just disappointed that there aren't better options for people like me, who lose their jobs due to discrimination and want to retaliate against employers who are probably just going to do it to the next woman they hire.
0 TrackBacks
Listed below are links to blogs that reference this entry: The Troubles of a Woman In the Workplace: Part 12340912348012935.
TrackBack URL for this entry: http://www.feministing.com/cgi-bin/movabletype/mt-tb.fcgi/16958
sorry to hear what you're up against. the EEOC isn't to blame really, unfortunately, for what they had to tell you though. state laws dictate the size of companies and what their responsibilities are under certain discrimination laws and equal opportunity laws.
did you contact any legal offices other than the EEOC? if not, you'd be doing yourself a BIG disservice, since there may be other venues for filing complains. the EEOC complaint is just one TYPE of complaint.
search here:
http://www.texaslawhelp.org/TX/StateChannelResults.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/TX/TextOnly/N/ZipCode/%20/LoggedIn/0/iSubTopicID/1/iProblemCodeID/1210500/sTopicImage/work.gif/iTopicID/504/iChannelID/61/bAllState/0
i also recommend considering contacting a private sexual harassment attorney in the state, because they may work on a contingency basis meaning they would not require payment unless you received a settlement.
I was just about to wonder aloud about alternative options, as well. I'm not as familiar with U.S. laws but perhaps you have a good basis for what we call constructive dismissal in Canada. This essentially means there was a change in your conditions of employment from what you agreed to as per your contract. Check it if you have one. If the contract does not include persistent sexual innuendo, etc.; then you didn't agree to that and it's a substantial material change in your working conditions (just in case the sexual harassment angle can't be pursued outside a human rights board context). I'm sure there are dozens of very creative ways to argue your job included things to which you did not agree at the time of signup (fraud, misrepresentation, etc). Heck, maybe you could file multiple lawsuits :)
i should have mentioned you can use a site like findlaw or something like that to find a recommended attorney in your area.
There's also this site Labor Law Talk which might be able to give you some other more detailed leads about the state law.
The American Bar Association has a search engine to find lawyers at www.findlegalhelp.org . You can search it by area, and then click on pro bono. Also: www.workplacefairness.org specializes in employment law and has several resources on their website.
Sounds all too familiar. Employees in small businesses (fewer than 100 people) here lost our rights to unfair dismissal claims, protection from many types of harrassment, and a host of other rights, under the Howard government. And what did they call this progressive legislation? "WorkChoices"!
Thanks, everyone! I am definitely still looking at other resources - just frustrated that the EEOC can't really help. I know it's not their fault, they just have limitations placed on them by the government.
TexasLawHelp.org didn't really have any resources that I could use outside the EEOC, other than ones that are purely informational (not that I don't need that, too - I just need to find a way to take action). I didn't sign a contract with my employer when I was hired, either, so that's out.
Getting more information and then, I guess, looking up a private attorney (why did I spell it with a "u" in my post?) will be my next step. I'll keep posting. :)