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Really Don't Want to....Feel like I have to. Discrimination and Harassment.

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jmw512

Junior Member
What is the name of your state (only U.S. law)? PA

Today's Date" 8/4/14

I am in my probationary period at this job and I think that I am being discriminated against by a female co-worker, I am a male. When I was hired my supervisor told me that for the $28/hr she makes she can not train me to do my job to the full extent because it will take time away from her other duties. She asked another female co-worker to train me and this co-worker denied because she does not feel safe driving around in a car with a man since her boyfriend (shop steward) works at the same terminal. I was trained, unfairly and unequally as other new hires by a female who was hired two weeks before me. I was not given one-on-one training. I was briefly introduced to the duties and had to fend for myself. The co-worker who denied training me continued to train the female who trained me without giving me an opportunity to learn. My supervisor took small amounts of time to teach me when it was convenient for her. Now, when I was hired I was told I would be given a few months of training, until my supervisor and myself felt comfortable, before I will be placed on night shift. I was asked to go on nights after 2 weeks of my start date and I voiced my concerns on lack of training. Well, I was coerced into night shift be a "swing schedule", not one person at this terminal works a "swing schedule". My supervisor went on surgery for 2 months and I was on nights. I was never given an update on my progress. I was never informed my any type of management of any mistakes or any corrections needed in my duties. Now, during the time of my supervisor's surgery and I was on nights a temporary employee was brought into day shift. This temporary employee, female, was trained by the co-worker who denied training me. This temp was trained more than myself and given access the terminal server in ways that I don't have access to. Not only was this temp but another full time employee who started after me, who is also a female, were trained far more extensively than myself. Now this temp in on night shift to train me and has privileges I don't, like leaving early when work is slow. I work 7 days a week, 65+hrs. My department has no day-off schedule. Now the co-worker who refuses to train me stays later on her shift into night shift to train the temp on night shift without giving me an opportunity to learn.

I am being harassed by other co-workers to not file a grievance or complain because if I ruffle any feathers I will be terminated before my probationary period is over and I will not be awarded union representation. Union representation comes after the probationary period. Which I feel more in a pinch because the day shift shop steward is the boyfriend to the female who refuses to train me. This makes it very uncomfortable to go to anyone in the union.

I can go on and on and fill it the blanks. A few days after my start date a manager saw my struggle within the department and suggested I take notes of all conversations for my personal well-being, just in case I ever need them in the future.

I don't know what to do...
 


commentator

Senior Member
If you are let go during your probationary period, the question you'd be asked by unemployment, which of course you would file for immediately in this situation, is "Did you perform the job to the best of your abilities? Did you try to learn the duties of the job? Did you discuss the situation with your supervisors (and if necessary, with their supervisors) and try to work out the problems?"

What I would suggest is that you quit worrying, right now, about whether or not you are being illegally discriminated against. Because it is totally legal to discriminate unless it is done on the basis of age, sex, religion, etc.. the EEOC things. And I would say that if there is even one other single solitary person who is of the same sex as you who has made it through this probationary period, who has not had these problems you are describing with your trainers refusing to train you, etc, then it is going to be very difficult for you to show that this was sex related and therefore illegal discrimination.

There usually needs to be a clear pattern of discrimination against someone of your sex, or race or whatever for a lawsuit to go very far. If they're just treating you in particular poorly, not because you're a member of a particular category, but because they don't like you or don't relate, that's very hard to prove as illegal discrimination.

Right now, while you are a probationary employee, instead of being the complainer and the rights seeker and demander, you really need to concentrate on doing the job to the best of your ability, learning all you can, and get yourself hired permanently. Stress, say repeatedly to everyone you can that you want to do a good job, want to learn how to do everything, and want to stay with this company forever. Volunteer for the shifts, stop complaining that you're being mistreated because of this bad shift, etc.

Right now you have very little going for you at this job. If you don't like how you are being treated to that extent, you can always quit. It almost sounds as though management if heaping it on you in an effort to get you to leave. This is legal. Hiring a temp and giving them a better training experience, a better shift, higher pay, etc is very legal for them to do.

They can, at any time, fire you at will. During your probationary period, they can let you go at any time for any reason. Keep complaining, keep demanding your rights, find yourself unable to tolerate the way you are being treated, complain widely that you don't want to file a lawsuit, but well, really, this is just not fair.... and you are very likely going to find yourself talking to unemployment soon. And from what I'm reading here, I suspect that will be your only recourse, when and if you speak with an attorney they'll probably not see much here either in terms of illegal discrimination.
 
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