Male Harassment

[SummerGemini]

I work for a news paper company as a delivery carrier. The Company is located in Indiana as is the warehouse I pick my papers up on a nightly basis, but my route is in Michigan. We are independent contractors. I am a 40 year old woman and a 62 year old man has been harassing me at work. He walks up behind me at random times and tries to tickle my sides. Being uncomfortable with that, I asked him to please stop. A few days later, I was in my car sorting my papers, and making room for everything in the back seat (leaning in the back seat from the drivers seat) and he opens my car door and puts a firm grip on my hips. I went to my Manager and explained how he was making me uncomfortable and asked if he could be moved away from my work table and asked to not have any contact with me in any way. Two days later, I was moved to a different table and not a word was said to him. So I went to the next manager up and was assured the situation would be handled that day. Sure enough, not a single word has been said to him in regards to his actions and the 2nd manager I went to said that I was being "nitpicky" over the whole situation. I'm sorry, but when a man grabs me in the manner that only my husband should, and makes my work environment uncomfortable, I do not believe I am being "nitpicky". My question is, do I have any rights in the workplace being classified as an independent contractor? All this has taken place on the company's property. I'm not trying to have him fired and I'm not trying to sue the company, but I do feel I have the right to feel safe from unwanted advances from men at work, and it just seems like they are trying to sweep the entire situation under the rug.

 

[Proserpina]

I work for a news paper company as a delivery carrier. The Company is located in Indiana as is the warehouse I pick my papers up on a nightly basis, but my route is in Michigan. We are independent contractors. I am a 40 year old woman and a 62 year old man has been harassing me at work. He walks up behind me at random times and tries to tickle my sides. Being uncomfortable with that, I asked him to please stop. A few days later, I was in my car sorting my papers, and making room for everything in the back seat (leaning in the back seat from the drivers seat) and he opens my car door and puts a firm grip on my hips. I went to my Manager and explained how he was making me uncomfortable and asked if he could be moved away from my work table and asked to not have any contact with me in any way. Two days later, I was moved to a different table and not a word was said to him. So I went to the next manager up and was assured the situation would be handled that day. Sure enough, not a single word has been said to him in regards to his actions and the 2nd manager I went to said that I was being "nitpicky" over the whole situation. I'm sorry, but when a man grabs me in the manner that only my husband should, and makes my work environment uncomfortable, I do not believe I am being "nitpicky". My question is, do I have any rights in the workplace being classified as an independent contractor? All this has taken place on the company's property. I'm not trying to have him fired and I'm not trying to sue the company, but I do feel I have the right to feel safe from unwanted advances from men at work, and it just seems like they are trying to sweep the entire situation under the rug.

How do you know nothing was said to him?

 

[SummerGemini]

How do you know nothing was said to him?

I spoke with the first manager today and she said that she would try to call him today. I was told the same thing yesterday.

 

[Zigner]

If you are truly an independent contractor, then you are not an employee and they are not your employer. As such, you should contact the police each and every time you are assaulted.

 

[SummerGemini]

If you are truly an independent contractor, then you are not an employee and they are not your employer. As such, you should contact the police each and every time you are assaulted.

OK. That seems logical. I never thought of that since it was a workplace incident. About a month ago, 2 carriers got into an argument and were cussing at each other. The next day, they were pulled into a meeting with manager #2 and were told if they had another incident like that, they would both be terminated. So cussing is bad, and an addressable situation, but harassment isn't? seems like if they can address that incident as if it was an employer/employee situation, then mine could be addressed in the same manner.

 

[Zigner]

OK. That seems logical. I never thought of that since it was a workplace incident. About a month ago, 2 carriers got into an argument and were cussing at each other. The next day, they were pulled into a meeting with manager #2 and were told if they had another incident like that, they would both be terminated. So cussing is bad, and an addressable situation, but harassment isn't? seems like if they can address that incident as if it was an employer/employee situation, then mine could be addressed in the same manner.

I believe that you may be improperly classified as an independent contractor when you are actually an employee, but that wasn't your original question.
Furthermore, even if you (and they) are correctly classified as independent contractors, there is no problem with the manager pulling in two of his contractors and telling them their contract would be terminated if they can't get along.

 

[cbg]

The employer's legal obligation is to make any illegal behavior stop. That is all. They are not required to make what action they have taken public. They are not required to fire him. They are not required to separate the two of you. They are most certainly not required to tell you what action they have taken or to take the action that you believe they should. They are required to make the illegal behavior stop.

Has it stopped? That is a yes/no question. Either it has stopped or it hasn't. If it has stopped, they have fulfilled their legal obligation and are not required to do anything - ANYTHING - further unless it starts up again. If it has not stopped, then I imagine you know where the HR office is.

 

[SummerGemini]

The employer's legal obligation is to make any illegal behavior stop. That is all. They are not required to make what action they have taken public. They are not required to fire him. They are not required to separate the two of you. They are most certainly not required to tell you what action they have taken or to take the action that you believe they should. They are required to make the illegal behavior stop.

Has it stopped? That is a yes/no question. Either it has stopped or it hasn't. If it has stopped, they have fulfilled their legal obligation and are not required to do anything - ANYTHING - further unless it starts up again. If it has not stopped, then I imagine you know where the HR office is.

It has not stopped. I contacted the HR department today. I'm just being treated as a nuisance to everyone I have talked to up to this point.

 

[Zigner]

Ok, let's be clear. Are you truly an independent contractor, or are you an employee? Start here: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined