• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Harassment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

azriel57

Guest
What is the name of your state?PA

I left my employer in december due to repeated comments made to me and my subordinates about me.

On several occassions my supervisor referred to me as his "little piggie" during conference calls as well as just phone calls and face to face meetings. He would call my various stores and when asking for me he would say "Is the fat ******* there, or is he out eating again?"

I went to HR on several ocassions about this behavior, always being told there was nothing they could do since weight is not a protected class. I know weight is not a protected class, but this this type of behavior premitted? I took this behavior for about 9 months before finally being forced to resign my position due to lack of support.

I have had eating disorders in the past and these comments have caused me to, while not going back to the disorder, become very super sensitive about my weight.

In February of this year, my former supervisor was released from his position for unprofessional behavior.

Is there anything I can do? My career has suffered since leaving that position, as I quit with no notice and have been branded "not eligible for rehire".
 


H

HomeGuru

Senior Member
azriel57 said:
What is the name of your state?PA

I left my employer in december due to repeated comments made to me and my subordinates about me.

On several occassions my supervisor referred to me as his "little piggie" during conference calls as well as just phone calls and face to face meetings. He would call my various stores and when asking for me he would say "Is the fat ******* there, or is he out eating again?"

I went to HR on several ocassions about this behavior, always being told there was nothing they could do since weight is not a protected class. I know weight is not a protected class, but this this type of behavior premitted? I took this behavior for about 9 months before finally being forced to resign my position due to lack of support.

I have had eating disorders in the past and these comments have caused me to, while not going back to the disorder, become very super sensitive about my weight.

In February of this year, my former supervisor was released from his position for unprofessional behavior.

Is there anything I can do? My career has suffered since leaving that position, as I quit with no notice and have been branded "not eligible for rehire".
Click to expand...
**A: you can start eating at Subway.
 
A

azriel57

Guest
HomeGuru said:
**A: you can start eating at Subway.
Click to expand...
I came here for some answers, not more harassment. Not what I expected from a legal board.
 
B

BelizeBreeze

Senior Member
azriel57 said:
What is the name of your state?PA

I left my employer in december due to repeated comments made to me and my subordinates about me.

On several occassions my supervisor referred to me as his "little piggie" during conference calls as well as just phone calls and face to face meetings. He would call my various stores and when asking for me he would say "Is the fat ******* there, or is he out eating again?"

I went to HR on several ocassions about this behavior, always being told there was nothing they could do since weight is not a protected class. I know weight is not a protected class, but this this type of behavior premitted? I took this behavior for about 9 months before finally being forced to resign my position due to lack of support.

I have had eating disorders in the past and these comments have caused me to, while not going back to the disorder, become very super sensitive about my weight.

In February of this year, my former supervisor was released from his position for unprofessional behavior.

Is there anything I can do? My career has suffered since leaving that position, as I quit with no notice and have been branded "not eligible for rehire".
Click to expand...
and HR was legally correct. Fat, obese and slovenly people are NOT a protected class. Find another job and stop eating everything that isn't alive.
 
H

HomeGuru

Senior Member
azriel57 said:
I came here for some answers, not more harassment. Not what I expected from a legal board.
Click to expand...

**A: and just what type of "pie in the sky" answers were you expecting?
That you have a wrongful termination lawsuit worth millions of dollars?
Heck, you were the one that quit with no notice.
Did I mention that YOU quit your employment?
 
cbg

cbg

I'm a Northern Girl
I'll make this as clear as possible.

No. There is nothing you can do. No laws were violated; while the supervisor may have behaved unprofessionally he did NOT behave illegally; you have no legal cause of action against anyone.

You chose to quit in a very tight job market. That's not your employer's fault.
 
B

BelizeBreeze

Senior Member
Dash8Driver said:
cbg

Couldn't this go under "Sexual" harrassment??

D8D
Click to expand...
Sexual harrassement is me hiring CB to take over my HR department then have her sit on my lap to see what 'comes up' before handing her the weekly check.

Or telling her she has a nice ass every morning although she has expressly told me she does not appreciate the comments.

Or rubbing up against her when we pass in the hallway.

Come to think of it, those are bad ideas. :D

Hey, CB, looking for a job????
 
D

Dash8Driver

Member
BelizeBreeze said:
Sexual harrassement is me hiring CB to take over my HR department then have her sit on my lap to see what 'comes up' before handing her the weekly check.

Or telling her she has a nice ass every morning although she has expressly told me she does not appreciate the comments.

Or rubbing up against her when we pass in the hallway.

Come to think of it, those are bad ideas. :D

Hey, CB, looking for a job????
Click to expand...

Thats what I mean, he has expressed his displeasure in the comments about his body, although bad comments.

I'm not trying to start an argument or anything just wondering if Sexual harrasment is one sided.

D8D
 
cbg

cbg

I'm a Northern Girl
No, Dash, sorry. Sexual harassment is about sex, not about weight. While I agree that it was thoroughly unprofessional and if I were in that company's HR the supervisor would have been disciplined much earlier, this wouldn't qualify as SH no matter how you stretch it.
 
cbg

cbg

I'm a Northern Girl
Nope, not SH. But it's inappropriate and they can take whatever action they find necessary.

While the employer is only LEGALLY required to take action if the behavior of the supervisor is illegal, they certain can take whatever action they wish if the behavior is inappropriate. It's unfortunate that the OP's employer didn't act sooner,but it wasn't legally required.

Besides, referring to your example, a single instance isn't enough for a sexual harassment claim unless it's a quid pro quo situation or physical contact is involved.

I appreciate how hard you're trying, Dash, and believe me, if there were any kind of legal action the poster could take I'd tell him. I HATE it when supervisors act like that and get away with it. But there just isn't a legal issue here.
 
D

Dash8Driver

Member
Thank you for the responses cbg :) Im not trying to start anything with regards to the OP I'm simply interested/fascinated by the apparent uneveness of SH when it comes to males and females.

I would be willing to bet if the OP had been female and the same comments were made a good SH case could/would be made. But I'm a cynic when it comes to that stuff.

Thanks again :D

D8D
 
A

azriel57

Guest
Ok, just a question. If someone can sue an airline company for refusing a ticket based on weight, when companies have the right to refuse service to anyone, how can what he did not be anything illegal? Just curious.
Wouldn't this or couldn't this have created what would be considered a hostile work enviroment?
 
Last edited:
D

Dash8Driver

Member
azriel57 said:
Ok, just a question. If someone can sue an airline company for refusing a ticket based on weight, when companies have the right to refuse service to anyone, how can what he did not be anything illegal? Just curious.
Wouldn't this or couldn't this have created what would be considered a hostile work enviroment?
Click to expand...
The airline industry is a little different. The federal regs on how and who we can deny boarding to are pretty clear. Intoxicated, ill (infectious), and a few others. What Southwest Airlines does is charge a "Person of Size" for an extra seat because they are occupying it. People are sueing because they had already bought a ticket and were denied boarding. I'm not aware of the outcome of any suits but SWA is still implementing the policy.

D8D
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top