Called a lesbian at work

[Defacto]

What is the name of your state? California
My girlfriend has heard from a parent at the school where she works as a teacher's aide that rumors are being spread about her being a Lesbian. She isn't but that's not the point. The teacher who is saying this also said she had to get a restraining order against my friend. This is absolutely not true. The janitor has heard the rumors and at least the one parent, we suspect many more have and are treating her badly because of it.

What should she do? She works at a private Catholic school and the principal--a nun--has proven in the past that she won't back my girlfriend up.

 

[BelizeBreeze]

What should she do?

1. Become a lesbian.
2. Pull the teachers pig tails.
3. Circulate a rumor that the offending teacher is 'pulling the night train'
4. quit and find another job.

What else did you want from a legal site. Advice on the life and times of lesbians?

 

[rmet4nzkx]

The accusation of having a restraining order is specific and can be damaging. Depending on the county have your friend go to the superior court site for her county, do a search on her name, print out the results, this will show if there is a R/O against her or someone with a similar name. If her county doesn't have online access, then she will have to go to the courthouse, to the file room and do a search there and get a copy, that will at least establish what is true about that charge, also CLETS can be searched by the local PD for any R/O, if there is none then she can go to the ones who have been contaced with the false informaiton and show them what the truth is, same for her employer. Then if she is getting no response from the Nun, she can contact the Diocese with her complaint. She can also go to the EEOC and file a complaint.

 

[BelizeBreeze]

The accusation of having a restraining order is specific and can be damaging. Depending on the county have your friend go to the superior court site for her county, do a search on her name, print out the results, this will show if there is a R/O against her or someone with a similar name. If her county doesn't have online access, then she will have to go to the courthouse, to the file room and do a search there and get a copy, that will at least establish what is true about that charge, also CLETS can be searched by the local PD for any R/O, if there is none then she can go to the ones who have been contaced with the false informaiton and show them what the truth is, same for her employer. Then if she is getting no response from the Nun, she can contact the Diocese with her complaint. She can also go to the EEOC and file a complaint.

The EEOC? give me a break. This is NOT an Equal Employment claim. I think it's time you read EEOC guidelines.

As for the Restraining order, I guess you read in this post the invisible ink part where it specifically state exactly what was said, to whom and the basis of the claim? Because I sure didn't.

And just in case you're wondering, unless you know for a fact that the school is public, the ONLY recourse she MAY have is with the Diocese. EEOC does NOT have jurisdiction over a private parocial school.

 

[I AM ALWAYS LIABLE]

rumors are being spread about her being a Lesbian.

My response:

"Not that there's anything wrong with that . . ."

Jerry (IAAL) Seinfeld - - play theme music, here - -

 

[rmet4nzkx]

The EEOC? give me a break. This is NOT an Equal Employment claim. I think it's time you read EEOC guidelines.
Yes it is, they will investigate the case and or issue a "right to sue letter" if it rises to the level of suit and or it's requested.

As for the Restraining order, I guess you read in this post the invisible ink part where it specifically state exactly what was said, to whom and the basis of the claim? Because I sure didn't.
The post did state that the Teacher was making the claims, including that of the existance of a restraining order and these claims were made to at least one parent and a fellow employee at the school. I gave specific advice as how to confirm the existance of any such order so that the truth could be used has her defense. I have knowledge of similar cases of unfounded claims of sexual misconduct and false reports of litigation in religious organizations in California, that's why I said to verify the facts because people often don't challenge what they are told, or misunderstand the legal implications of the record.

And just in case you're wondering, unless you know for a fact that the school is public, the ONLY recourse she MAY have is with the Diocese. EEOC does NOT have jurisdiction over a private parocial school.
Actually they do and in California, most private religious schools get Title 1 funding and thus, under the jurisdiciton of the EEOC, and if there is a lawsuit against the religious organization involving employment, if they fail to get the "right to sue letter" from the EEOC, the case can be thrown out.

I was just giving them options rather than suggesting as you did to:
BelizeBreeze "What should she do?
1. Become a lesbian.
2. Pull the teachers pig tails.
3. Circulate a rumor that the offending teacher is 'pulling the night train'
4. quit and find another job.
What else did you want from a legal site. Advice on the life and times of lesbians?"
I suggested the EEOC because they can investigate the case and mediate a resolution without a lawsuit depending on the facts of the case and to go to a higher level, in this case the Diocese, because the nun running the school may simply not comprehend the implications and are likely to be responsive. At worst the EEOC can tell her she has no case without cost or jeopardy, nor did you even suggest keeping the dispute withing the jurisdiction of the religious organization where it belongs. These types of claims are not a joke and can have profound affect.

 

[BelizeBreeze]

. These types of claims are not a joke and can have profound affect.

I would agree with you except for two very important things:

1. this is not a "CLAIM" it's a rumor. And, as such, there is no liability on the part of the school OR even the rumor monger until or unless the poster can substantiate a damage claim, and;
2. Read the Boy Scout's of America decision from the U.S. Supreme Court. It might shed light on your understanding of the 'association' defense.

 

[cbg]

Might I point out that sexual orientation is not protected at the Federal level, and therefore the EEOC is not going to be interested regardless of the circumstances?

Now, it IS protected at the state level in California, so if you MUST go the regulatory agency route, it would have to be through CA's discrimination board, whatever that is.

 

[BelizeBreeze]

Now, it IS protected at the state level in California, so if you MUST go the regulatory agency route, it would have to be through CA's discrimination board, whatever that is.

It's Arnold and a few of his buddies smoking in the back room while watching porn flicks

 

[rmet4nzkx]

I would agree with you except for two very important things:

1. this is not a "CLAIM" it's a rumor. And, as such, there is no liability on the part of the school OR even the rumor monger until or unless the poster can substantiate a damage claim, and;
2. Read the Boy Scout's of America decision from the U.S. Supreme Court. It might shed light on your understanding of the 'association' defense.

According to OP, there are at least 2 people who have comfirmed the rumors, we can only go on what they say here until they clarify it, how can I confirm the validity of that here, that's why I suggested things that the friend could do to defend the rumors. Will the Janitor or the parent actually confirm who told them that there was a restraining order? I don't know, but it is a lot more productive to get proof that there is or not a R/O and go from there, rather than tell them to pull the teacher's pigtails! Trust me, if there are 2 people repeating the rumors and it has spread beyond the school employees, this will become a serious matter and even if the claim of the R/O is proved to be totally untrue, this teacher's aide's job is at risk. No matter what they do, the die is cast.

 

[divgradcurl]

cbg wrote:

Now, it IS protected at the state level in California, so if you MUST go the regulatory agency route, it would have to be through CA's discrimination board, whatever that is.

Department of Fair Employment and Housing (DFEH). http://www.dfeh.ca.gov/

 

[cbg]

Sorry, but I just have to say this.

I'm not a lesbian myself, but if I were, I'd be pretty insulted at seeing a thread with the title of this one on the Defamation board.

 

[Defacto]

With help like this who needs lawyers?

What should she do?

1. Become a lesbian.
2. Pull the teachers pig tails.
3. Circulate a rumor that the offending teacher is 'pulling the night train'
4. quit and find another job.

What else did you want from a legal site. Advice on the life and times of lesbians?

If you don't have anything worthwhile to say, why don't you just leave it alone?

 

[Defacto]

Thank you

The accusation of having a restraining order is specific and can be damaging. Depending on the county have your friend go to the superior court site for her county, do a search on her name, print out the results, this will show if there is a R/O against her or someone with a similar name. If her county doesn't have online access, then she will have to go to the courthouse, to the file room and do a search there and get a copy, that will at least establish what is true about that charge, also CLETS can be searched by the local PD for any R/O, if there is none then she can go to the ones who have been contaced with the false informaiton and show them what the truth is, same for her employer. Then if she is getting no response from the Nun, she can contact the Diocese with her complaint. She can also go to the EEOC and file a complaint.

This is very helpful. Thank you!

 

[Defacto]

Exactly!

According to OP, there are at least 2 people who have comfirmed the rumors, we can only go on what they say here until they clarify it, how can I confirm the validity of that here, that's why I suggested things that the friend could do to defend the rumors. Will the Janitor or the parent actually confirm who told them that there was a restraining order? I don't know, but it is a lot more productive to get proof that there is or not a R/O and go from there, rather than tell them to pull the teacher's pigtails! Trust me, if there are 2 people repeating the rumors and it has spread beyond the school employees, this will become a serious matter and even if the claim of the R/O is proved to be totally untrue, this teacher's aide's job is at risk. No matter what they do, the die is cast.

This is exactly the case! Thank you again for defending her! Would she not have known about a restraining order? Surely someone would have to have given her notice that she was being 'restrained'. She is in the same school as this teacher and sees her virtually every day. There's usually a definitive distance the restrained one is told to keep. She never got any such order!