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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 09-24-2009, 03:47 PM
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Join Date: Sep 2009
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Exclamation

What should I do now?


What is the name of your state (only U.S. law)? Indiana
Hi,
I work at a large chain(business). I am not sure how to approach this problem.
There is an assit. Manger at my job that has repeatably made sexual comments,jokes,etc. not only around myself but coworkers to. Some think its just him and his way and laugh it off. He also seems to single me out and will be verbally abusive in front off customers towards me. I have told other supervisors about this as I have also told my manager. He has been called up to the carpet a few times concerning only the verbal abuse and the way he handles his day to day duties. Nothing is ever done to him. He just gets slapped on the hand and sarts power tripping once again. Well the other night I finally had enough at work with him and I confronted him and told I had been documenting his actions. I also asked for our managers phone number so I could call her and he refused. He said I could wait untill the next da to speak to her. In the meantime he had called her and she told him to just not come around me for the time being. Well the next day he started telling me to move away from my work area when ever he would come by me. In other words he was saying I had to stay away from him by so many feet. He was doing this in front of customers and it was degrading and embarrassing to me. I have not called HR yet. I am not sure what to do Can anyone help?
  #2  
Old 09-24-2009, 05:26 PM
cbg cbg is offline
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Location: Massachusetts
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Why have you not called HR yet?

That is your next step.
  #3  
Old 09-24-2009, 06:24 PM
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Join Date: Sep 2009
Posts: 3

Fear of losing job


I have tried 2 times now to pick up the phone and call HR. I am so afraid that I will lose my job if a big stink is made about this. I have witnessed how this company will discreetly push a person to quit or find any reason to fire them. I am experiencing this as of yesterdat just from what I said to this assit. manager. He will sit in the office and watch the cameras to see if I am doing anything wrong on the job. For instances, I was standing up front with another coworker and she picked up a magazine briefly and was asking me a question about a person on the cover.(mind you no customers were present nor were we slacking on our job) I took the magazine and glanced at it. Right as I had it in my hands the office door opened and the asst, manger actually yelled out the room for me to put it up. So, will HR really help me or make it worse? Who do they really work for?
Thank you for your reply.
  #4  
Old 09-24-2009, 06:46 PM
cbg cbg is offline
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Location: Massachusetts
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HR does not "work" for anyone in the sense that you mean. It is HR's job to see that the laws are followed. Sometimes this means acting as advocate for the employer, sometimes it means acting as advocate for the employee. There is no one-size-fits-all answer.

However, the law says that you are entitled to an environment free from sexual harassment. That means that if you report sexual harassment to HR, they are required by law to make it stop. They are not legally required to fire the alleged harasser, or to make public what disciplinary action is taken, or even to tell you what they did. But they are legally required to make the offending behavior stop.

You CANNOT legally be fired for reporting sexual harassment. If you are fired for reporting it, you can take legal action. If you report the harassment and nothing happens, you can take legal action. But if you go to the EEOC now, they are going to ask you whether or not you took all appropriate measures to work within the company. You can seriously damage any case you may have by failing to give HR a chance to do their jobs.
  #5  
Old 09-24-2009, 07:08 PM
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Join Date: Sep 2009
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Gaining clarity


Thank you for your response. I will contact HR. If anything, at least it is documented and the company may or may not sit up and finally listen.
I am nervous. I feel as if I am the one who is doing wrong.
Thank you
  #6  
Old 09-24-2009, 07:10 PM
Member
 
Join Date: May 2009
Posts: 655
You work for yourself. Always. You're the only one who does. Keep a record of each time you speak to someone about this problem, the date you spoke to them, and what they told you on this occasion. What did you do to try to resolve this problem. If you go to EEOC prematurely, all HR will have to say is that they were unaware you had a problem, would've been glad to help you if you'd only told them.

DO NOT, no matter what the employer does to you, ever quit a job. (Except under really horrible conditions, such as you are not being paid, or you are being physically assaulted.) Make them fire you. This means they have to prove they had a good job related reason to fire you.
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