need advice

[komodo]

What is the name of your state (only U.S. law)? I am in Canada, Ontario. Question is: is it calling a male person "little c**t in front of room full of coworkers am
nd management staff considered as sexual harassment or gender harasment?

Thanks.

 

[cbg]

US and Canadian law are not the same. In the US a single instance would not be considered either. It would be considered good reason to discipline the employee who said it, but a single statement will only very rarely be enough to support a claim of either sexual harassment or gender discrimination.

Canada may be different. We have one and only one expert on Canadian law here - this is a US board and does not generally have experts in the law of countries other than the US. (Contrary to what a great many Americans think, Canada is not the 51st state.) When she gets here, she can tell you the Canadian take on the issue.

In the meantime, you might try looking for a Canadian forum.

 

[komodo]

US and Canadian law are not the same. In the US a single instance would not be considered either. It would be considered good reason to discipline the employee who said it, but a single statement will only very rarely be enough to support a claim of either sexual harassment or gender discrimination.

Canada may be different. We have one and only one expert on Canadian law here - this is a US board and does not generally have experts in the law of countries other than the US. (Contrary to what a great many Americans think, Canada is not the 51st state.) When she gets here, she can tell you the Canadian take on the issue.

In the meantime, you might try looking for a Canadian forum.

Thanks for reply. Just looking for clarification can I complain to human rights tribunal. Employer did nothing to start investigation after complaint and was forced by Ministry of labour to reinvestigate. After reinvestigation and without taking statement from me, HR decided to discipline both of us...
Thanks anyway.

 

[eerelations]

I'm the Canadian here.

The Ontario Human Rights Commission wouldn't take this complaint as it is not nearly enough to be considered sexual/gender harassment. This is especially in light of the fact that the recipient is male. (If the recipient was female it would still not be enough for formal harassment claim, but it could be seen as heading that way.)

Your only option at this point would be to go back to the Ministry of Labour and file a complaint that you were disciplined for being bullied. Given that this appears to have been an isolated incident, the chances of anything happening in your favour are 50/50 at best. And even if they do rule in your favour, you won't get a settlement - that would happpen only if you were fired without termination/severance pay over this. Given that you were not fired, the best I can see happening here is that your employer will be ordered to remove the disciplinary note from your file.

 

[komodo]

I'm the Canadian here.

The Ontario Human Rights Commission wouldn't take this complaint as it is not nearly enough to be considered sexual/gender harassment. This is especially in light of the fact that the recipient is male. (If the recipient was female it would still not be enough for formal harassment claim, but it could be seen as heading that way.)

Your only option at this point would be to go back to the Ministry of Labour and file a complaint that you were disciplined for being bullied. Given that this appears to have been an isolated incident, the chances of anything happening in your favour are 50/50 at best. And even if they do rule in your favour, you won't get a settlement - that would happpen only if you were fired without termination/severance pay over this. Given that you were not fired, the best I can see happening here is that your employer will be ordered to remove the disciplinary note from your file.

Thanks for answer eerelations. Whole proces of investigation was wrong so I am trying to correct and force HR to reinvestigate incident. Ministry of labour ordered reinvestigation but HR investigator decided not investigate and ruled there is no incident long before ministry of labour ordered them to reinvestigate. Furthermore, at a meeting, HR investigator denied joint health and safety member to represent me. HR investigator ended meeting when I (and union) requested for independent investigator due to bias and abruptly ended meeting. My statement was not recorded nor I had a chance to give statement.

 

[eerelations]

All this activity because someone called you a rude name in front of others?

Plus, I wish you'd said you were unionized in the first place. Now that I know you're a member of a union, my advice is different - whatever recourse you may have has to be through your union.