Can I file a sexual discrimination lawsuit against my former boss?
I was fired today, two weeks short of my 90 days. Although my boss informed me that I was a much better window specialist than the guy who worked there three years before me, he had to let me go. He wouldn't give me a reason besides it being slow in the winter.
He has hit on me since I started and everyone is aware of it. Due to me not engaging in his advances, I feel that he fired me because of it. He kind of hinted to the fact that a couple other employees did not like me.
I knew this was coming. We dated a couple of times (non sexual) and hung out as friends due to our kids being the same age, and then I refused to continue due to him pushing me to be more than just friends.
I feel that using the 90 day trial period and being slow in he winter is an excuse, due to me being better at my job than the more experienced and higher up guy before me. Everyone at work knows that he liked me, in fact, he had told other people that we do business with that I was his girlfriend.
He begged me to come work for him when I was working somewhere else and said that I would be there forever, just like all of his current employees. Does this count as sexual discrimination? Do I have a case? Is there anything I can do? Thank you.
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ANSWER for "Can I file a sexual discrimination lawsuit against my former boss?":
Lisa (Greenville, Michigan):
From the facts you present, you may have the basis of a sexual discrimination claim. Michigan state law prohibits sexual harassment in the workplace.
The Elliott-Larsen Civil Rights Act prohibits Michigan employers from discriminating on the basis of sex, including sexual harassment. The Act applies to all employers and includes an agent of the employer.
To read the Elliott-Larsen Act see: MI Comp. Laws Sec. 37.2101
The US Equal Employment Commission (EEOC) description of harassment states:
"Harassment violates federal law if it involves discriminatory treatment based on race, color, sex (with or without sexual conduct), religion, national origin, age, disability, genetic information, or because the employee opposed job discrimination or participated in an investigation or complaint proceeding under the EEO statutes.
Federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. The conduct must be sufficiently frequent or severe to create a hostile work environment or result in a "tangible employment action," such as hiring, firing, promotion, or demotion."
To file a sexual harassment claim, contact the EEOC.
Finally, contact an attorney in the Greenville area. Based on the facts, and relying in the Elliot-Larsen act and Title VII of the Civil Rights Act, you may be entitled to compensation.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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