• 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.

Question on Sexual Harrasment while working

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

ChopCity84

Junior Member
What is the name of your state? Connecticut

Male on Male sexual harrasment

I was working for UPS (United Parcel Service), for about 3 months when my supervisor, who will be named Joe, was standing next to me as i was bent down taping up a package and as i looked up he rubbed his genatalia and said to me " Hey while your down there do ya think you can help me out? ". I didnt say anything and sat there in shock as he proceeded to laugh and walk away. About 2 weeks later i had to have a meeting with Joe and Joe's bigger boss named Jay. So it was there and then when i decided i would telling Joe's boss about what had happened. I told Joe's boss exactly what happened and that i thought that it was sexual harrasment he said to me " Well if i took to heart what everyone said around here then everyone would be fired, you have to grow some thicker skin." Again i sat there in shock and about 2 weeks after that i quit because it was to uncomfortable of an atmosphere.

Now my question is, based on this, is it possible to prosecute UPS or the harraser in court for this ?
 
Last edited:


BelizeBreeze

Senior Member
Send your terminal manager a written account of the incident with Joe and the account of when you told Joe's manager of what happened, and send it CERTIFIED (RRR). Keep a copy for yourself.

I would also copy
UPS Corporate Headquarters
Director of Human Resources
55 Glenlake Parkway, NE
Atlanta , GA 30328
United States
 

Beth3

Senior Member
Your supervisor's behavior was extremely crude but it wasn't sexual harassment. Among other things, a single/isolated incident does not amount to prohibited SH. You are welcome to report the incident to more senior management as Belize suggested but I don't see any basis for you to pursue any legal action against the employer and supervisor.
 

ChopCity84

Junior Member
Well, there was also another incident where he called me a "big fat dick". He did this when i was kneeling down taping another box and miding my own business. A fellow employee told him that i probably have a bigger penis than him and he replied with "yea your right, he is a big fat dick"
 

Beth3

Senior Member
Again, I don't see any sexual harassment - just incredibly crude behavior. The man has no business being a supervisor but I just don't see that prohibited discrimination has taken place.
 

BelizeBreeze

Senior Member
While I agree that this situation does NOT meet the legal definition of sexual harassment, it does meet the minimum requirements for hostile environment.:cool:
 

mitousmom

Member
You need to check UPS' policy on sexual harassment. Most large employers have them. Find out how a manager should respond to a report of offensive sexual language. If the manager to whom you reported the offensive didn't follow policy, you can file an internal complaint using the grievance system UPS has probably established.

Two incidents of sexually offensive unwelcome language from a supervisor in three months may suggest a problem as does the response of the manager to whom you reported the language. However, two incidents probably wouldn't create a working environment so hostile that it interfered with your ability to work or that should have caused you to resign.

If Joe didn't say anything sexually objectionable after you reported his behavior, it's possible that his boss talked with him.

I don't know why you want to sue UPS. If you want to do so, you must first file an administrative complaint with EEOC or your state human rights agency. If you file with EEOC, they will probably ask you and your employer to try to resolve the complaint through mediation. I doubt that EEOC will investigate your complaint should you or your employer decline to participate in mediation. However, if you do go to mediation, if the manager to whom you reported the offensive behavior didn't follow UPS' policy, UPS might correct that. This all assumes that these incidents happened fairly recently.
 

Find the Right Lawyer for Your Legal Issue!

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