I was notified my claim involving being harassed by a manager was unsubstantiated.

10 Comments

1. AnonymousDecember 2,2022 at 3:31PM UTC

   I'm not sure there is enough information to know how to respond. Are you are still working there? If so, have you been transferred to a different manager? Has the harassment continued after the complaint?

   Harassment claims require a significant amount of documentation, so if you have any emails, discussions with trusted colleagues, physical notes/memos, or performance evaluations that show evidence of the harassment, it would help.

   Your best next step would be to consult with an employment lawyer. Has your EAP therapist had any suggestions?

2. AnonymousDecember 7,2022 at 9:26PM UTC

   Thanks I am taking your advice to meet with an employment lawyer. I am still working there. They have moved me to another area, however the statement of work provides me with less opportunity to show a higher level of capability to help me advance. My manager had said the new position aligns with my level though. So I don’t think there is agreement there.

3. AnonymousDecember 2,2022 at 9:40PM UTC

   Was this claim with your company internally or via you labor board,

   Harassment is extremely hard to prove legally. So next steps would depend on who rejected your claim.

   You may need to seek prolonged therapy to help you deal with the fallout.

4. AnonymousDecember 7,2022 at 9:22PM UTC

   Thanks, the response back from internal investigations looking into the EEOC aspects of my claim.

5. AnonymousDecember 7,2022 at 10:41PM UTC

   No, that's not how it works. The EEOC reviews your claim independently of your company so it doesn't matter that your company's investigation determined your claim was without merit. The EEOC will make an independent determination that will stand as final.

6. BrandieFarmerDecember 3,2022 at 7:04PM UTC

   Have you considered suing via OSHA for possible retaliation if it applies?

7. AnonymousDecember 7,2022 at 9:21PM UTC

   Thanks, yes. I’m currently taking some time off to evaluate my options.

8. Colleen HansonDecember 7,2022 at 6:10PM UTC

   Unfortunately I believe the system is very broken. I went through something very similar and was immediately terminated when I let my employer know that my customer on the phone could hear him talking about his male body part very loudly and was appalled. I immediately filed for unemployment, and was denied based on a string of lies from the employer. I filed a claim of sexual harassment/retaliation with the EEOC and that was also "unsubstantiated" based on more lies. The government set up these programs to make it look like they were attacking these issues, yet in reality very few of these cases receive any kind of satisfactory settlement. I'm sorry, but an employer accused of these things is not going to openly admit to wrong doing! Of course they do everything they can to lie their way out of it! Unfortunately the government seems to err on the side of the harasser not the victim. I felt more victimized by the time everything was said and done than I would have if I had just allowed the harassment to continue. I think the government does the bare minimum to save face. I'm sorry for all you are going through!

9. AnonymousDecember 7,2022 at 9:20PM UTC

   Thanks for your reply. Im sorry this happened to you, too. It’s caused emotional pain I’m trying make sure I work through in a healthy and productive way. So I completely get the system is broken. It hurts and is so hard trying not to be disgruntled about it. Thanks again! It helps learning different perspectives on this topic.

10. Colleen HansonDecember 7,2022 at 11:32PM UTC

    I'm sorry that I wasn't able to give you more positive news. I would strongly encourage you to look for new employment because I can almost assure you that the harassment will not stop.