USA Today features an interesting article about how 41 states have anti-bullying statutes for students, but zero states have anti-bullying statutes that apply to the teachers or administrators.
That’s starting to change, however, with two school districts — one in Iowa and one in California — for the first time ever explicitly prohibiting teacher to teacher bullying. This
is a huge topic in itself. But what’s troubling to me is that the article does NOT specifically state that the new rules prohibit school administration from bullying teachers.
It’s an otherwise interesting article, and you can read it HERE.
When an EEOC Investigator Turns You Down, You Can Still Prevail
I recently advised an Academy Member who I will call Brittney. Brittney contacted me in frustration because after filing an EEOC claim and waiting a long time, the investigator called and said the finding would probably be “insufficient evidence”.
A few other people in our forums have expressed the same frustration. It’s real, and it’s very possible, especially when the EEOC Investigators are over loaded. They feel that they can only give a brief glance to your allegations and not take the time to dig deep into your situation.
Here’s Brittney’s question and my answer, which I think could apply to a lot of people:
On Tue, Apr 6, 2010 at 8:02 AM, Brittney wrote:
Hello, I have received my allegation form from the EEOC. It seems that I don’t have enough grounds for a claim. The investigator told me that because I am from America and so is my supervisor, that he can pretty much discriminate against me and their is nothing the EEOC or I can do. What a bunch of shit. Oh well, I guess I will not be signing the allegation forms and the charges will not be filed. I would like to thank you for trying to help me. I will be returning to an even more hostile work environment this weekend. Again, thank you for your service, I have learned allot. Respectfully, Brittney.
And here is my response from that same day:
I’m sad to hear that the investigator does not see the merit in your claim. But, I’d still like to take a minute to give you a couple of tips.
You said that you were going to “be returning to an even more hostile work environment this weekend.” Is that because your supervisor will gloat about “winning” with the EEOC and feel more free to treat you worse? If that happens, he is illegally retaliating against you. TAKE NOTES ABOUT ANYTHING HE DOES THAT IS WORSE THAN BEFORE.
Attorney’s love to take retaliation cases, much more so than discrimination. Retaliation is much easier to prove. It’s just “Was the employee treated worse after filing with the EEOC as compared to before he filed with the EEOC?”
And what do supervisors do when the EEOC investigator says “unsubstantiated”? The supervisor acts like a classroom bully when the teacher leaves the room; he feels free to rip into you without fear of getting caught. BUT, that’s not true.
If you are treated worse this weekend, take careful notes about what your bully supervisor did. Then go see a local lawyer, or even re-file with the EEOC. Either way, you let the bully know that they have not “won”, and you will not roll over and take his abuse.
I hope this helps, and I hope to see you again in the Academy. -Curt
Quote of the Day
In the long run the pessimist may be proved right, but the optimist has a better time on the trip.
?Daniel L. Reardon