Gender discrimination / harassment

What is the name of your state? PA
I started a new job with a major retail company as a kitchen designer in april. I was hired in as temp and told if all goes well i will be made permanent. Things started bad off the bat. In kitchens I am the only female as well as in the neighboring department. It's a "men's club" so to speak. The first night i made a major sale and one of the salesman took it from me, they took my story but to my knowledge never did anything about it. This sort of thing has continued, i report it they say they'll talk to them but never do (or the guys don't care and just keep doing it) They steal my appointments, leave transfer request forms and garbage on my desk, yell at me for stupid stuff, tell other people I don't know my role and my role is to clean. The continously try to get me fired and in trouble. I have not done a thing to these guys but be friendly. yes i am a competitive salesperson, but arn't all sales people. I have told them to back off and leave me alone. What really upsets me is the store manager (a women) told me she would love to make me permanent but needs to get the situation settled with the guys before she will. Scream! They are the ones harrassing me and she even told me she knew that. I feel akward and uncomfortable at work, i never know what they will do or say to me next, My heart pounds as I walk to my desk and as they are around me. I feel out of options but to sue on the basis that this store allows this to continue without really doing anything to stop it. Does anyone have any ideas on this? What should i do, is suing an option?

Wisegirl304 said:

What is the name of your state? PA
I started a new job with a major retail company as a kitchen designer in april. I was hired in as temp and told if all goes well i will be made permanent. Things started bad off the bat. In kitchens I am the only female as well as in the neighboring department. It's a "men's club" so to speak. The first night i made a major sale and one of the salesman took it from me, they took my story but to my knowledge never did anything about it. This sort of thing has continued, i report it they say they'll talk to them but never do (or the guys don't care and just keep doing it) They steal my appointments, leave transfer request forms and garbage on my desk, yell at me for stupid stuff, tell other people I don't know my role and my role is to clean. The continously try to get me fired and in trouble. I have not done a thing to these guys but be friendly. yes i am a competitive salesperson, but arn't all sales people. I have told them to back off and leave me alone. What really upsets me is the store manager (a women) told me she would love to make me permanent but needs to get the situation settled with the guys before she will. Scream! They are the ones harrassing me and she even told me she knew that. I feel akward and uncomfortable at work, i never know what they will do or say to me next, My heart pounds as I walk to my desk and as they are around me. I feel out of options but to sue on the basis that this store allows this to continue without really doing anything to stop it. Does anyone have any ideas on this? What should i do, is suing an option?

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Nothing you have stated indicates any kind of unlawful harassment or discrimination.

reply

so putting trash on someones desk or telling them there only "role" is to clean (not in my job discription) or leaving transfer request forms on there desk is illegal..(they don't do this to anyone but me, and usually i get along with everyone, i am good christian woman) its just mean , surely picking on a woman because she is a woman is illegal

How do you know that they don't treat each other the same way they treat you? How do you know that aren't treating you the way they do because you are a temp and they try to run off all the temps?

Nonetheless, if you don't think the store manager is sufficiently responsive to your problems regardless of your co-workers' reasons for the treatment, contact the home office's or headquarters personnel or human resources office and ask for their assistance.

Know Your Rights

Dear Originator of Thread:

The conduct you described is illegal. Don't be discouraged by claims to the contrary. What you need to do is determine is the appropriate state and/or federal laws e.g. Title VII violation or a state code violation.

Ask yourself the following?

1. Am I being treated differently?

2. Am I a member of a special class under law that says this treatment is illegal? Here you might stop to question whether you can see justice if you're not a member of a special class. Well, don't worry. Go to #3.

3. If you are not a member of a special class, does your state have laws against defamation or retalition? If so, find out what the definition is for a hostile work environment in your state and refer to #4. Also, note their are consequence for quitting the job. You might lose some of your rights if you quit.

4. Have you documented the problems and gathered direct evidence e.g. memos, e-mails, phone records, performance reviews and etc?

In situations like this, it is important to keep documentation - especially meeting minutes when you take your concerns to management or you notice people beign given better treatment despite your performance.

Do you know of other female and/or minority employess that have experience similar problems? Have you been involved in recruitment or hiring of other employees?

It depends on how far you want to take this - the importance of this job, references, and etc is to your resume and career. Keep searching the Internet for case law and sites that will detail your rights.

Don't give up.

Best wishes!

http://www.leginfo.ca.gov/calaw.html
http://www.answers.com
http://www.answers.com/Title VII
http://www.faceintel.com/defamation.htm

p.s. Also, you can get general information from the EEOC via e-mail too. Seehttp://www.eeoc.gov/contact.html

w123los said:

Dear Originator of Thread:

The conduct you described is illegal.

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Contrary to w123los, the conduct you describe is only illegal under the federal anti-discrimination statutes if your co-workers' treatment of you is because of your sex, the treatment is egregious or pervasive, your employer is aware of it - or should be aware of it, and your employer fails to take appropriate action to stop it and prevent its recurrence.

Simply being a woman and the subject of your male co-workers' antics doesn't make their treatment of you illegal discrimination based on your sex. As I suggested earlier, it could just as easily be because you are temporary or they may simply not like you because of you or because you are new or having another person reduces the work and the possibility of sales.

If the facts show that they have treated every new temp, regardless of sex, the same way they are treating you, they would be a bunch of jerks, but their behavior wouldn't have violated the federal law prohibiting sex discrimination.

You can contact EEOC or your state human rights agency, but I recommend first contacting company personnel. I doubt the company wants co-workers treating each other the way you say you are being treated. They can stop it even if it doesn't violate any federal law.

w123los said:

Dear Originator of Thread:

The conduct you described is illegal. [

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Dear wannabee:

Go to law school THEN open mouth and insert foot.

To Argumentative Posts

To unconstructive argumentative poster, I don't believe there was anything in my posts that contradicted Title VII. Also, I referred the originator to state laws governing defamation and employee conduct:

http://www.leginfo.ca.gov/calaw.html

My posts says she MUST be a member of a special CLASS and being treated differently. Let's not argue just to argue.

Furthermore, I also refer the originator to her state codes and web sites governing defamation and harassment. If you look at her post, she cites conduct that could be consider harassing, hostile, and attempts to make her look bad. If she was in California, I believed this web site would help:

http://www.faceintel.com/defamation.htm

Your reference to a 'law degree' is evidence of the character of so-called attorney's that many despise. Knowledge of legal text and case law does not ensure critical thinking OR character. Given your docket is so full of clients, I appreciate your time helping us less fortunate.

-w123los

w123los said:

Furthermore, I also refer the originator to her state codes and web sites governing defamation and harassment. If you look at her post, she cites conduct that could be consider harassing, hostile, and attempts to make her look bad. If she was in California, I believed this web site would help:

http://www.faceintel.com/defamation.htm

-w123los

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And what makes you think that a website run by former employees of Intel or any other company would be providing valid, unbiased legal information?

Regardinf Faceintel.com

The text cited David Hurd:

"...is the author of the California Employee Survival Handbook. The following selection is a chapter exerpted from the new third edition ofthe book that will be released in 1998."

And was referring to California State Law. I did not see anything regarding bias toward Intel. Certainly the person was motivated to produce the site because of experience. But how is that any different from your motivation to seek justice?

-123

Stick around for awhile, w123los. I've decided to simply from the standpoint that some of these posters deserve an unemotional clear response, not argumentative, belittling or degrading statements. I'm constantly amazed how many long-timers there are on here who seem to offer nothing more than grandiose bile and diatribe.

Wisegirl304 said:

What is the name of your state? PA
I started a new job with a major retail company as a kitchen designer in april. I was hired in as temp and told if all goes well i will be made permanent. Things started bad off the bat. In kitchens I am the only female as well as in the neighboring department. It's a "men's club" so to speak. The first night i made a major sale and one of the salesman took it from me, they took my story but to my knowledge never did anything about it. This sort of thing has continued, i report it they say they'll talk to them but never do (or the guys don't care and just keep doing it) They steal my appointments, leave transfer request forms and garbage on my desk, yell at me for stupid stuff, tell other people I don't know my role and my role is to clean. The continously try to get me fired and in trouble. I have not done a thing to these guys but be friendly. yes i am a competitive salesperson, but arn't all sales people. I have told them to back off and leave me alone. What really upsets me is the store manager (a women) told me she would love to make me permanent but needs to get the situation settled with the guys before she will. Scream! They are the ones harrassing me and she even told me she knew that. I feel akward and uncomfortable at work, i never know what they will do or say to me next, My heart pounds as I walk to my desk and as they are around me. I feel out of options but to sue on the basis that this store allows this to continue without really doing anything to stop it. Does anyone have any ideas on this? What should i do, is suing an option?

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Butch up...Get thicker skin!

Welcome to a man's world....adjust and make it work or quit.

This sounds an awful lot like the "hostile environment" type of sexual harassment I've sat through many many classes on.

Have you complained to your employer about the conduct? You need to work through your company's policies before you can consider outside legal intervention.

ecmst12 said:

This sounds an awful lot like the "hostile environment" type of sexual harassment I've sat through many many classes on.

Have you complained to your employer about the conduct? You need to work through your company's policies before you can consider outside legal intervention.

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To meet that definition, the Op must be able to show that s/he was being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin, age etc.). It has nothing to do with the atmosphere of the workplace, no matter how unpleasant it may be. Did you sit throught the wrong class? If came up with that conculsion that there was a hostile enviroment, I think you did.

*IF* she can show that the hostility is due to her gender......should have included that. On the surface it sounds like they are giving her a hard time because she's a woman, but proving it is a different matter.

I still think she should go to her employer with her concerns, hopefully they can address the problem.