SusanStaley
Junior Member
An innocent, non-sexual remark intended for a member of the same sex was mistakenly misinterpreted by a very intoxicated member of the opposite sex as sexual harassment.
The result was the termination of an innocent individual due to the corporation’s verbal reason of “risk mitigation” in an “at will” employment state (California).
The false accusations of sexual harassment have pre-empted the protected rights of the accused who suffers from a disability as defined by the Americans with Disabilities Act of 1990 and the Civil rights Act of 1964.1.
Facts behind case:
-Went to Arizona for training
-My boss and I went to a ball game.
-Returned at 10:45 pm to find another group from the company drinking. (Boss spent 10 minutes talking to them then left. I remained 5 minutes longer.)
-When leaving I made an innocent joke to one of the other male managers about all of us getting up really early in the morning (due to the late hour). The male coworker and I joked back and forth and I stated, “if you need to reach me I am in 1235, (a joke, as opposed to “1234”).
-A female manager, who was very intoxicated at the time, (and physically putting her arms around another male co-worker) thus creating a scene by issuing verbal expletitives to the entire group then inserted herself into the conversation. She asked “really?” (about the key, and I thought about the ridiculous room number of “1235”.)
-I said yes, and held up my room key saying “do you want to see?” (I was referring to the number that was apparently of interest to everyone.) I held up the key, holding my thumb over all but the last 2 digits, I was in 6135.
-She said no (and not in an offended manner whatsoever). I thought nothing of it and said good night to everyone around.
-Returned to my room at 11:08 and called my wife, and spent 13 minutes on the phone with her casually recalling the events of the day. I even told my wife about the intoxicated female manager, and that the manager will be embarrassed in the morning by creating such a scene given the profanity that must have made some (including myself) uncomfortable.
-The next day, the female manager co-worker sent me an invitation to “Linked-in” a business social network on the internet. Furthermore, she did not once indicate that there was any problem with my behavior whatsoever.
-9 days later on 8/1, Human Resources calls conducting an investigation. I expressed my innosence offered to take a polygraph.
-On 8/4 at 5 pm EST I conveyed that I had documented ADD, the HR rep expressed concern in dealing with customers. I assured them that my ADD was not an excuse for the admission of any wrongdoing, but merely the fact that I tend to jump from conversation to conversation particularly when I am tired.
I also stated that I do not meet with customers late at night (as in this situation) and that my ADD is under control with medication.
-On 8/5, the paperwork was processed for termination.
-On Wednesday 8/6 I was terminated. Aside from telling me it’s for “Risk Mitigation” they will give me no details of the investigation.
-Filed complaint with California FEHA
California is state of alleged incident.What is the name of your state (only U.S. law)?
The result was the termination of an innocent individual due to the corporation’s verbal reason of “risk mitigation” in an “at will” employment state (California).
The false accusations of sexual harassment have pre-empted the protected rights of the accused who suffers from a disability as defined by the Americans with Disabilities Act of 1990 and the Civil rights Act of 1964.1.
Facts behind case:
-Went to Arizona for training
-My boss and I went to a ball game.
-Returned at 10:45 pm to find another group from the company drinking. (Boss spent 10 minutes talking to them then left. I remained 5 minutes longer.)
-When leaving I made an innocent joke to one of the other male managers about all of us getting up really early in the morning (due to the late hour). The male coworker and I joked back and forth and I stated, “if you need to reach me I am in 1235, (a joke, as opposed to “1234”).
-A female manager, who was very intoxicated at the time, (and physically putting her arms around another male co-worker) thus creating a scene by issuing verbal expletitives to the entire group then inserted herself into the conversation. She asked “really?” (about the key, and I thought about the ridiculous room number of “1235”.)
-I said yes, and held up my room key saying “do you want to see?” (I was referring to the number that was apparently of interest to everyone.) I held up the key, holding my thumb over all but the last 2 digits, I was in 6135.
-She said no (and not in an offended manner whatsoever). I thought nothing of it and said good night to everyone around.
-Returned to my room at 11:08 and called my wife, and spent 13 minutes on the phone with her casually recalling the events of the day. I even told my wife about the intoxicated female manager, and that the manager will be embarrassed in the morning by creating such a scene given the profanity that must have made some (including myself) uncomfortable.
-The next day, the female manager co-worker sent me an invitation to “Linked-in” a business social network on the internet. Furthermore, she did not once indicate that there was any problem with my behavior whatsoever.
-9 days later on 8/1, Human Resources calls conducting an investigation. I expressed my innosence offered to take a polygraph.
-On 8/4 at 5 pm EST I conveyed that I had documented ADD, the HR rep expressed concern in dealing with customers. I assured them that my ADD was not an excuse for the admission of any wrongdoing, but merely the fact that I tend to jump from conversation to conversation particularly when I am tired.
I also stated that I do not meet with customers late at night (as in this situation) and that my ADD is under control with medication.
-On 8/5, the paperwork was processed for termination.
-On Wednesday 8/6 I was terminated. Aside from telling me it’s for “Risk Mitigation” they will give me no details of the investigation.
-Filed complaint with California FEHA
California is state of alleged incident.What is the name of your state (only U.S. law)?