my sister got fired and it was due to sexual harrassment?

Question

my sister got fired and she lost her job and i'm happy she is done with it but her boss sexually harrassed her all the time. he was verbally abusive to her and my sister knows people who could testify that he was verbally abusive and she believes that he is probably black balling her to other future employers who call for references. what cans he do and what are her options.
if someone could give a list of steps and procedures and what kind of evidence we need tio prove that she was fired because she was a woman and that her bossed verbally abused her on a daily bases and sexually herassed her. please help!

Answer 1

Easy. File a complaint with the EEOC (Equal Opportunity Employment Commission) or the Human Rights Dept of your state. If you file it with the wrong department, they send it to the correct agency. She needs to list all the incidents of sexual harassment that occurred and any witnesses to the incidents. She does not have to have witnesses to win, but obviously that helps. The EEOC will first mediate. If mediation fails, they will use a procedure called "conciliation." If that fails they will sue the employer. The EEOC is tough and have gotten big verdicts. She's entitled to back pay for the time she has been unemployed or underemployed and emotional distress damages. If the employer says he/she had cause to fire her, it better be well documented in her personnel file.

Answer 2

Call your local EEOC representative!

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

Statistics

Answer 3

It depends on the state your sister is in - each state's laws may be different. The first step is for your sister to retain an attorney to represent her. Then, in order to sue for gender discrimination (i.e. sexual harassment / wrongful termination), you'll have to satisfy the administrative prerequisites by timely filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or your state's equivalent agency. Once this is done, the EEOC will do an investigation and will attempt to help you mediate this dispute. If unsuccessful, the EEOC (or state agency) will issue a "right-to-sue" letter.

This will then allow you or your attorney to file suit against the employer. At trial, you'll then have the burden to prove that gender was a motivating factor in the adverse employment action (i.e. getting fired).

Answer 4

she needs to make a report with the law, and if her boss is not the owner .she needs to let them know .and is he doing this to other girls at work dogs like this need to be put down .thay have no right.

Answer 5

I would go to Human Resources and tell them about it. She needs to let someone know so it doesn't happen to anyone else.

Answer 6

Have her contact the local EEOC.

Answer 7

Call your local labor board and ask for their advice.