Expert: Sonia Pressman Fuentes - 5/23/2006

Question
Ms Fuentes, thank you so very much for even talking to me about this.  I was told by the Professional Standards Division that it should be next week when Human Resources begins its investigation.  I think our State Attorney General's office is responsible for taking EEOC complaints, whom works very closely with the State Law Enforcement Agency that I work for.  My supervisor has a history of dragging his feat on paperwork to attempt to keep females from being promoted in a male dominated field.  I am not trying to set an example for others, but I love my child very much, and I cannot just run out and find a husband before my promotional interview boards, or go to work everyday thinking my supervisor thinks I look like a street walker by wearing make-up. If you know of an attorney that I can talk to, just to see what to expect from my 'state agencies'...but since that is where I work, I suspect that I should talk to an attorney that is not afraid to deal with the state.  A lot of attorneys are.  Thank you again, I really appriciate just the time to talk about this. Ms. Brown

Answer
Subject: Single Mother Promotional Discrimination

Question:
Ms Fuentes, thank you so very much for even talking to me about this.

Spf:  It's my pleasure to be helpful if I can.  

 I was told by the Professional Standards Division that it should be next week when Human Resources begins its investigation.  I think our State Attorney General's office is responsible for taking EEOC complaints, whom works very closely with the State Law Enforcement Agency that I work for.

Spf:  You haven't given me any idea when the Human Resources division and possibly the State Attorney General's office will finish their work on this case.  I do not know whether the law requires that you wait for them to finish the case or whether you can file a charge with the local or state fair employment practices agency now.  You could phone a local or regional office of the EEOC or better yet go in if there's one nearby and discuss the timing with the Officer of the Day.  You need to decide if you want to await the Human Resources division handling of the case, if you have time to wait and still come within the time limits of Title VII and the local or state FEP agencies, and whether you have to wait or can more ahead with a charge.  Once you have the facts from the EEOC, you then need to consider what you want to do.

Keep in  mind that while you have the right to file a charge, you take a risk in doing so as no employer likes to have a charge filed against it and the employer may in the future tell prospective employers that you filed a charge and were a "troublemaker" if you leave that agency and look for a job elsewhere.  Retaliation against someone for filing a charge is against the law but it happens all the time--you have a right to file a charge about that, too, but it could take years to be decided.  You need to weigh the risk of doing that vs. the risk of doing nothing, which has risks too.

Are there other women at your agency who would join with you in filing a charge of discrimination, in other words, who have also been the victims of discriminatory comments or actions?

 My supervisor has a history of dragging his feat on paperwork to attempt to keep females from being promoted in a male dominated field.  I am not trying to set an example for others, but I love my child very much, and I cannot just run out and find a husband before my promotional interview boards, or go to work everyday thinking my supervisor thinks I look like a street walker by wearing make-up. If you know of an attorney that I can talk to, just to see what to expect from my 'state agencies'...but since that is where I work, I suspect that I should talk to an attorney that is not afraid to deal with the state.  A lot of attorneys are.  Thank you again, I really appriciate just the time to talk about this. Ms. Brown

Spf:  Since you haven't told me where you live, how could I recommend an attorney?  But even if I knew where you lived, it's extremely doubtful that I'd know of an attorney to whom to recommend you.  You do want an attorney who is experienced in handling EEO cases, employment cases, perhaps against the State but I don't know that that's a requirement and probably one who typically represents employees and unions rather than management.  Are you represented by a union?  If so, talk to them.  I've already suggested you contact the Women's Bar, NOW--they have a legal arm called Legal Momentum these days--they have a Web site, or the ACLU to refer you to a lawyer.  But you need to decide if you want a lawyer and, if so, what would be the right time.  I'd suggest starting with the EEOC and getting the time frames straight.

Best,

Sonia