Question

Debra Rodriguez is a 41-year-old woman. Debra applied for a job at Wymore Hospital as a medical assistant. During the hiring process, the Wymore Hospital human resources representative had Debra undergo pre-employment drug testing. The hospital offered Debra a job, and she accepted. During the second week on the job, her supervisor started making unwanted advances toward her. During one encounter, her supervisor persisted in asking Debra how old she was until Debra relented and told him. She went to the human resources department and made a complaint. Shortly thereafter, Debra was laid off. How would you have approached this situation+

Answer 1

I would approach this situation by considering the potential legal issues involved. It appears that there are two main issues: the supervisor's unwanted advances and Debra's subsequent layoff.

1. Unwanted Advances: Debra's supervisor making unwanted advances could potentially constitute harassment or a hostile work environment. If Debra felt uncomfortable or affected by her supervisor's actions, it would be important for her to document the incidents, including dates, times, and details, as evidence to support her complaint. She has already taken the correct initial step of reporting the harassment to the human resources department. If the harassment persists or worsens, she should consider contacting an employment attorney or filing a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC).

2. Layoff: If Debra was laid off shortly after making a complaint, it raises concerns of potential retaliation. Retaliation against an employee for making a complaint, especially a complaint regarding harassment or discrimination, is generally prohibited by law. In this situation, it would be important for Debra to gather evidence linking her complaint to the layoff. This could include documenting any conversations or actions related to her layoff, as well as any timing or pattern that supports the claim of retaliation. Debra should consult with an employment attorney to discuss potential legal avenues, such as filing a retaliation claim or negotiating a settlement with the employer.

Overall, it is important for Debra to gather evidence, document all relevant incidents, and consult with an experienced employment attorney to determine the best course of action based on the specific circumstances and applicable laws in her jurisdiction.