Legitimate Reason to file Complaint with EEOC?

[BreeW25]

What is the name of your state (only U.S. law)? OH

I am a black female in my mid-20's. I have worked at this job since November 2015 - a fast food franchise, and my immediate supervisor has advised me he is pleased with my performance so far. The problem has come up with a manager who is under my immediate supervisor. I have learned from my immediate supervisor that this particular manager is a favorite of the franchise owner, and he is powerless to remove him. So although he reports to my immediate supervisor he is also in a pretty secure position.

This manager is so difficult to work with that several employees will not even report to work on days they are scheduled to share his shift. I have not resorted to this. As a new employee in a fast-paced business, I have applied myself to learn as quickly as possible and work as well as I can. However, this manager seemed to have it in for me from day one. Just two days into the job when I was still learning the basics and got something wrong, he asked me if blonde was my natural hair color ( I am light-complexioned and had dyed my hair a dark blonde shade) implying I was dumb. He has continued to use that question line several other times when I have been incorrect or unsure about something.

The following week the drive up was very busy and I had some difficulty keeping up with the window and taking the next order simultaneously. This manager yelled out extremely loudly, "She can't do it." That was his way of summoning someone to assist. This is also an eat-in restaurant so I was humiliated in front of the guests and my coworkers.

Two weeks ago he disagreed with me in the manner I was using my knife to open the boxes, although I was never trained in a different manner or at all for that matter on opening the boxes. I told him I am not cutting toward myself (or anyone else); I'm not stupid. His reply was that if I cut myself, he "has the right to call me stupid."

If I have a question, he'd rather humiliate me by saying another employee will be there soon than just answer my query. On each of these occasions, I have gone to my immediate supervisor and advised him of what is going on. He always listens and sympathizes, but basically says since the guy is his bosses favorite, there is nothing he can do. He acknowledges that several people on the team have complained regularly.

This evening was the tipping point when he wadded up a ball of paper and threw it, striking me on the left side of my face. I have never been in the practice of horse-playing or kidding around with this manager, so I don't know what gave him the idea it was OK. I have always been able to internalize my frustration and move past it but tonight I began crying uncontrollably and had to stop work for a few minutes in order to regain my composure so I could deal with the customers. When I got a chance, I tried to go to my supervisor's office to tell him what happened, but this manager saw me heading there and followed me in, and I was unable to speak candidly. However, when I saw he was not going to leave, I told him in front of my supervisor how his actions this evening affected me and I felt he should apologize. But he just smirked at me. And my supervisor said absolutely nothing.

My mom feels I should take some action rather than risk signaling that this kind of treatment is okay and have it continue or escalate. She said it was actually a form of assault and to at least file a police report. I am wondering if that is extreme for this incident; and at the same time I am afraid of losing my job. My immediate supervisor has pretty much indicated nothing can or will be done about this person...I guess he is more valuable to the operation than the other employees. I also understand Ohio is a work at will state. But for me at this time it is not as easy as just walking away and getting another job; I have my own set of circumstances as to why I need to maintain steady employment. I would just like the harassment to stop and I would appreciate any direction you can provide...thank you.

 

[Proserpina]

What is the name of your state (only U.S. law)? OH

I am a black female in my mid-20's. I have worked at this job since November 2015 - a fast food franchise, and my immediate supervisor has advised me he is pleased with my performance so far. The problem has come up with a manager who is under my immediate supervisor. I have learned from my immediate supervisor that this particular manager is a favorite of the franchise owner, and he is powerless to remove him. So although he reports to my immediate supervisor he is also in a pretty secure position.

This manager is so difficult to work with that several employees will not even report to work on days they are scheduled to share his shift. I have not resorted to this. As a new employee in a fast-paced business, I have applied myself to learn as quickly as possible and work as well as I can. However, this manager seemed to have it in for me from day one. Just two days into the job when I was still learning the basics and got something wrong, he asked me if blonde was my natural hair color ( I am light-complexioned and had dyed my hair a dark blonde shade) implying I was dumb. He has continued to use that question line several other times when I have been incorrect or unsure about something.

The following week the drive up was very busy and I had some difficulty keeping up with the window and taking the next order simultaneously. This manager yelled out extremely loudly, "She can't do it." That was his way of summoning someone to assist. This is also an eat-in restaurant so I was humiliated in front of the guests and my coworkers.

Two weeks ago he disagreed with me in the manner I was using my knife to open the boxes, although I was never trained in a different manner or at all for that matter on opening the boxes. I told him I am not cutting toward myself (or anyone else); I'm not stupid. His reply was that if I cut myself, he "has the right to call me stupid."

If I have a question, he'd rather humiliate me by saying another employee will be there soon than just answer my query. On each of these occasions, I have gone to my immediate supervisor and advised him of what is going on. He always listens and sympathizes, but basically says since the guy is his bosses favorite, there is nothing he can do. He acknowledges that several people on the team have complained regularly.

This evening was the tipping point when he wadded up a ball of paper and threw it, striking me on the left side of my face. I have never been in the practice of horse-playing or kidding around with this manager, so I don't know what gave him the idea it was OK. I have always been able to internalize my frustration and move past it but tonight I began crying uncontrollably and had to stop work for a few minutes in order to regain my composure so I could deal with the customers. When I got a chance, I tried to go to my supervisor's office to tell him what happened, but this manager saw me heading there and followed me in, and I was unable to speak candidly. However, when I saw he was not going to leave, I told him in front of my supervisor how his actions this evening affected me and I felt he should apologize. But he just smirked at me. And my supervisor said absolutely nothing.

My mom feels I should take some action rather than risk signaling that this kind of treatment is okay and have it continue or escalate. She said it was actually a form of assault and to at least file a police report. I am wondering if that is extreme for this incident; and at the same time I am afraid of losing my job. My immediate supervisor has pretty much indicated nothing can or will be done about this person...I guess he is more valuable to the operation than the other employees. I also understand Ohio is a work at will state. But for me at this time it is not as easy as just walking away and getting another job; I have my own set of circumstances as to why I need to maintain steady employment. I would just like the harassment to stop and I would appreciate any direction you can provide...thank you.

We've established that this guy is an absolute jerk.

The question is, which law do you think has been broken?

 

[cbg]

I'll take it a step further.


While it is not "right" to be a jerk, it is also not illegal. The EEOC would only be interested if his behavior is due to your inclusion in a characteristic protected by law. From what you say, you are not the only employee treated poorly by this man. That being the case, can you provide valid and supportable evidence (and yes, at least initially the burden of proof would be on you) that if you were not black, you would not be treated this way?

If the answer to this question is Yes, then have at him and more power to you. If the answer to this question is No, then No, your manager being a general, all-purpose jerk is not a legitimate reason to contact the EEOC.

 

[BreeW25]

Proserpina and cbg,

Thank you for your insight and clarity...it's known that he doesn't care for the Hispanics that work there either, but I am the only one he seems to take it to the extreme with. I thought I had some type of legal recourse for being struck in the face with a projectile (albeit paper).

 

[Proserpina]

Proserpina and cbg,

Thank you for your insight and clarity...it's known that he doesn't care for the Hispanics that work there either, but I am the only one he seems to take it to the extreme with. I thought I had some type of legal recourse for being struck in the face with a projectile (albeit paper).

What do you expect them to do about it?

I'm asking perfectly seriously. Tossing a paper airplane in your direction isn't going to be seen as assault, battery or anything else even loosely criminal - so what is it you want your employer to do about it?

 

[Proserpina]

I'll take it a step further.


While it is not "right" to be a jerk, it is also not illegal. The EEOC would only be interested if his behavior is due to your inclusion in a characteristic protected by law. From what you say, you are not the only employee treated poorly by this man. That being the case, can you provide valid and supportable evidence (and yes, at least initially the burden of proof would be on you) that if you were not black, you would not be treated this way?

If the answer to this question is Yes, then have at him and more power to you. If the answer to this question is No, then No, your manager being a general, all-purpose jerk is not a legitimate reason to contact the EEOC.

I think he very likely falls into the "general, all-purpose jerk" category.

(I love that terminology actually - I'm going to have to steal it. Borrow it. Liberate it, perhaps )

 

[BreeW25]

I would like my supervisor to address the situation I have made him aware of, warn the manager, and if it continues take disciplinary actions.

Apparently there is no type of employee handbook or code of conduct for this franchise. I know at many workplaces even certain language or phrases are forbidden, not to mention
throwing things. And just to be clear - it was not a paper airplane, it was a large wadded up ball of paper intended to make a significant impact. Kind of seems like it is being trivialized but I understand your position. I guess maybe I should ask, what you recommend to your wife, sister, or daughter if someone did that to her?

 

[Proserpina]

I would like my supervisor to address the situation I have made him aware of, warn the manager, and if it continues take disciplinary actions.

You are not entitled to know about any disciplinary measures taken, nor are you entitled to determine what should happen.

Apparently there is no type of employee handbook or code of conduct for this franchise. I know at many workplaces even certain language or phrases are forbidden, not to mention
throwing things. And just to be clear - it was not a paper airplane, it was a large wadded up ball of paper intended to make a significant impact. Kind of seems like it is being trivialized but I understand your position. I guess maybe I should ask, what you recommend to your wife, sister, or daughter if someone did that to her?

I don't have a wife, but I'd say this to my husband and my kids:

"Darling, get a grip. Either suck it up, or find another job. Idiots will be idiots, and there'll be more in your next job. You need to learn how to deal with idiots"

(I actually have said that, now I think about it).

If there was a physical assault I'd suggest they make a police report. But other than that? Not so much.

 

[OHRoadwarrior]

You could try filing an assault report with the police since you did not address it immediately with them and if done again, see if they will arrest him. In a family context, it could be enough to be construed as domestic violence and intimidation.

 

[commentator]

No, I really don't think, since this person seems like an equal opportunity jerk who treats almost all his supervisees poorly, and you just happen to be African American, that there is much of an EEOC case, there pretty much has to be a "pervasive pattern of discrimination" but you know what? I think I'd go in to work and ask for another talk with this manager above the wad thrower. I'd discuss this issue of how you're being treated with that manager as if I were considering filing a complaint. You know, that manager who keeps saying he can't do anything about the way this person is behaving, how he treats you,etc.? He may not know all the rules concerning EEOC complaints either, and may be galvanized into more action by the idea someone might complain to them.

I'd also mention to that manager that if there is EVER any sort of repetition of this employee having touched you or thrown something (even a paperwad) at you, you will immediately call the police for the worksite and press charges against this person. You can imply that you have "spoken to someone" about this incident, and that this is what you have determined that you will do in the future if there is anything like this that happens again. (You have spoken to someone, you've spoken to us here on this board.) I think that since you continued to work after this incident occurred and there was obviously no physical damage to you, the ship has sailed on filing a police complaint about what happened a few days ago.

In the meantime, I'd be looking for another job. There are lots of fast food places (and other types of work.) The managers and supervisors of some are not as bad as the managers and supervisors of others. It sounds as though you are an intelligent sincere person who tries to do a good job. Someone will appreciate this out there. Be looking for the job during the time you are still employed here, but be ready when you find that other job to move on with a smile. You don't have to give these people notice, you just walk in happily and tell them you are leaving. Then go forth and do better. Also you don't burn your bridges by telling them off before you leave, and do not tell your next prospective employer about all the trouble you are having at this job. Just ditch them. Even if they fire this particular supervisor, there will be many places you'll work where you are not treated well, and you will not have any legal recourse

 

[BreeW25]

Proserpina, OHRoadWarrior, and Commentator,

Your advice and perspectives are duly noted and I will take all these things into consideration going forward.

Thank you for taking the time to hear me out and provide guidance.

 

[commentator]

As I said, this sounds like a very mature, intelligent, and determined person, and I hope she finds a job where she is appreciated. The earlier in one's work life that one discovers the inevitable truth about just how much protection they have from being treated poorly in our labor system in this country, the better off they are, as they can learn how to deal with it constructively and not to be surprised and devastated by it.

 

[Dandy Don]

The EEOC does have guidelines for harassment at work, but that should be a last resort if there continues to be no written response or action to your complaint.

I suggest that you document this treatment you have experienced in a letter or memo to your immediate supervisor and ask for a meeting with him jointly with the jerk who is causing the problems and along with other co-workers who disapprove of his behavior. Your complaints to the supervisor can not just be verbal--you must have a document to be able to show that your complaint was submitted for consideration.

Your best bet is to talk to a local employment law attorney to figure out your options or what you can be doing to protect yourself or shore up your case in the future, and also talk to local civil rights leaders/organizations who might also be able to refer you to an attorney or to a mentor who can counsel you through this situation. Perhaps you could find out the name of an expert on diversity who could come to the franchise to discuss this mistreatment with all of the employees so that the jerk will not necessarily think he is being singled out.

The EEOC will investigate if you file a complaint with them but it would help your case tremendously if you can write on your complaint to them the names of other employees (from whom you have asked their permission first) who are suffering similar treatment.

It's hard to believe that this franchise has no employee handbook--have you inquired about this with the same franchise located in a different city or cities?

This is a matter that DOES need to be addressed because you and the other employees do not deserve to be treated like this. Jerk needs to be put on notice that his behavior is not acceptable.

 

[commentator]

"Your best bet is to talk to a local employment law attorney to figure out your options or what you can be doing to protect yourself or shore up your case in the future, and also talk to local civil rights leaders/organizations who might also be able to refer you to an attorney or to a mentor who can counsel you through this situation. Perhaps you could find out the name of an expert on diversity who could come to the franchise to discuss this mistreatment with all of the employees so that the jerk will not necessarily think he is being singled out"



And to this I say, please remember. Any employment attorney who will not take your case on a contingency basis is not someone you are in need of. I do not, from years of hearing these things discussed, believe you have any sort of legitimate EEOC grievance. If anyone else in the world wants MONEY to tell you you have any kind of case against your employer right now, don't give it to them.

 

[Dandy Don]

I was not necessarily implying that the attorney take money to assist with her case. If she asked for an hour's consultation to get valuable advice, that might be just as helpful. And she needs to let her immediate supervisor know that she is considering filing a claim with EEOC, just to put the employer on notice that they are going to be investigated and perhaps that would somewhat curb the jerk's unreasonable behavior--but he is probably so unrepentant that no one can tell him anything that would change his mind.