Workplace Harassment Retaliation Laws

Summary

The user experienced sexual harassment and retaliation at her workplace in Louisiana. She reported the incidents to her employers HR department, but no disciplinary action was taken. The user has evidence in the form of an inappropriate text message from her supervisor and eyewitnesses of the retaliation. She has filed a complaint with the Equal Employment Opportunity Commission (EEOC) and is seeking legal advice. The user was denied a promotion and annual raise, which she believes were acts of retaliation. She also experienced a hostile work environment, which affected her mental health and led to her being prescribed medication.

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work place sexual harassment and retaliation
I'm sorry to hear that, Myka. Are you currently employed at the place where this harassment and retaliation is occurring?
no
What state did this occur in? This will help me provide you with the relevant laws and resources.
louisiana
I'm sorry to hear about your situation, Myka. Have you reported this to any authority or filed a complaint yet?
i filed through the employers HR department but that’s all
What was the response from your employer's HR department after you filed the complaint?
”it’s he said she said”
I'm sorry to hear about your experience, Myka. Have you considered filing a complaint with the Equal Employment Opportunity Commission (EEOC)?
i did but they can’t fit me into an appointment till december
What evidence do you have to support your claim? In Louisiana, sexual harassment and retaliation are illegal under the Louisiana Employment Discrimination Law.
eye witnesses of the retaliation
Do these eye witnesses have any documentation or have they provided any written statements supporting your claim?
no i gave HR their names for her to interview, they were never interviewed or asked for statements
Did you document any incidents of harassment or retaliation, such as emails, text messages, or notes about verbal conversations?
i have like * text that would support the case but it wasn’t recent
What is the content of the text message and how does it support your case?
sexual harassment he said “ Shit, if you're Houdini, let's see you make those clothes disappear”
What was the context of this message and who sent it to you?
my supervisor and it said Shit, if you're Houdini, let's see you make those clothes disappear
What was your supervisor's role in the company and did anyone else witness this inappropriate behavior?
one eye witness may have a few small items to add but not much, and he was a just an hourly supervisor
What is the name of the company where this incident occurred?
eclectic products
What actions did you take after receiving the inappropriate text message from your supervisor?
nothing, until i felt comfortable enough to tell HR
What was the response from HR when you reported the inappropriate text message?
she started a 21 day investigation that resulted in no disciplinary action
What was the reason given by HR for not taking any disciplinary action after the investigation?
”he said she said” the supervisor claimed i was also making advances at him
Did you have any witnesses or evidence to refute your supervisor's claim that you were also making advances at him?
no
What was the timeline of these events, from the first incident of harassment to the conclusion of the HR investigation?
the date of that text was *-*-* the claim was made on *-*-* and the retaliation was from the investigation up until my last day of employment which was *-*-*
What kind of retaliation did you experience after the investigation?
a few examples are moved my position, denied me a promotion, and also didn’t give me my annual raise
What actions have you taken since leaving the company?
filing with eeoc
What is the status of your EEOC filing?
interview isn’t until december *
What actions or behaviors did you experience that led you to believe you were being retaliated against at work?
treating me different, singling me out, refusal of opportunities
What specific opportunities were you refused that you believe were a result of retaliation?
annual raise, and promotion
What was the reason given by your employer for denying you the annual raise and promotion?
annual raise was “i’ll look into it” and he didn’t , promotion he said “because that HR situation we can’t talk about”
What was your position and job responsibilities at Eclectic Products?
batchroom technician
What were your job responsibilities as a batchroom technician and how did the retaliation affect your ability to perform your duties?
batch making
What specific actions were taken that affected your ability to perform your batch making duties?
made the environment hostile
Can you provide more details about how the environment was made hostile?
he wouldn’t give me straight answers on why he was makin changes, he isolated me from other people some days, and even told a few of my male coworkers the claim i made about him
What was the reaction of your coworkers after your supervisor disclosed your claim to them?
they began to be more quiet around me, no more laughing and joking around me for a while
What impact did this change in behavior from your coworkers have on your work environment and mental health?
my anxiety and depression grew greatly to the point i was placed on medication
What type of medication were you placed on and was it prescribed by a healthcare professional?
yes, and antidepressants and anti anxiety medications
What was the impact of these medications on your ability to perform your job?
i became groggy and sleepy more
Did you inform your employer about the impact of the medication on your work performance?
no
What was the reason for not informing your employer about the impact of the medication on your work performance?
they didn’t seem to care about anything i reported or claimed
What steps have you taken to seek legal advice or representation regarding this matter?
filed with the eeoc and contacted a few law firms
What responses have you received from the law firms you contacted?
consoltation fees i can’t afford
What kind of financial assistance or pro bono services have you looked into for your case?
local ones, and they’re only open during times i’m unable to call them with no other way to contact them
Have you considered reaching out to legal aid societies or law schools in Louisiana that might offer free or low-cost consultations?
considered it, but nervous, i want the best help i can get
What specific help or information are you seeking from FreeLawChat?
a consultation to find out if i have a real case going
What specific actions did your employer take that you believe were retaliatory after you reported the harassment?
the employer chose not to check in with me after my claim
What actions did you expect from your employer after you reported the harassment?
disciplinary action of some kind
What kind of disciplinary action were you expecting from your employer against the supervisor?
possible termination
What was the reason given by your employer for not terminating the supervisor after your complaint?
”we’re not gonna just fire people around here anymore”
What steps did you take after your employer refused to terminate the supervisor?
privately blaming myself for the harassment
What steps have you taken to address the emotional and psychological impact of this situation, such as seeking therapy or counseling?
i now see a psychiatrist
What kind of support or treatment are you receiving from your psychiatrist?
medication for my anxiety and depression
What is the name and contact information of your psychiatrist? This could be useful in your case as evidence of the emotional distress you've experienced.
im not releasing that information till i speak with a lawyer
Understood. It's important to consult with a lawyer before sharing sensitive information. Have you sought legal representation for your case yet?
what was the point of all the questions just to give me a number
The questions were to understand your situation better and provide you with the most relevant information. Now, based on your responses, here are some general points:

- In Louisiana, sexual harassment and retaliation are illegal under the Louisiana Employment Discrimination Law.
- You have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC).
- It's important to gather as much evidence as possible, including witness statements and any documentation of the harassment or retaliation.
- If you're unable to afford a lawyer, there are legal aid societies and law schools in Louisiana that might offer free or low-cost consultations.

Please note that this is general information and not legal advice. You should consult with a lawyer for advice specific to your situation.