Harassed Too Much! Fed law vs. CA law?

[Harassed2Much]

What is the name of your state (only U.S. law)? California.
I am a female federal employee and have been harassed at work for nearly 2 years. I have documentation of the harassment, including numerous emails to my supervisor and his supervisors requesting their assistance in making the harassment stop and stating that I am fear for my safety at work and my career. For nearly 1 1/2 years I could not work OT because I felt unsafe being in the building without a witness. The EEO office which I am required to file a claim with has said in the past I do not have a case because I am not in a "protected class" in the federal system (i.e., age, religion, race, etc.). They acknowledge there is a problem in the office, however say there is nothing they can do because I am not in a protected class. This female co-worker has been creating a hostile work environment since January 2008. Since Jan. 2008 she has made up false accusations in her efforts to get me fired. Last July when she found that I applied for and was offered a higher graded position she told a co-worker that I was going to jail and basically that she was going to see to it. When I was told of this, I tried to get management to intervene and stated I was in fear of my safety and career (again) as I told them she was going to do something bad. Once again (and again and again) they felt I was over reacting. Because I am federal, I have to file EEO first. If they say that I cannot, I am about to consult with an attorney because I just found last week that she filed charges with the IG against me making more false statements saying I made unwanted sexual advances to her. I was under investigation for these allegations. I do not yet know the outcome of the investigation, though I was told "not to worry" because they know this woman is a pathological liar. Doesn't matter to me because now the mud has been slung for the last time and I have had it. I feel she went to this extreme because she had nothing else she could pin on me. I am desperate and angry! How can people get away with this?! Can I use California law as a federal employee? I need help!

 

[cbg]

California law also requires that the "harassing" behavior be based in a protected class. This is an issue that you need to deal with internally.

 

[Harassed2Much]

?

Sex Discrimination: Practices ranging from direct requests for sexual favors to workplace conditions that create a hostile work environment for persons of either gender, including same sex harassment.

Sex is a protected class.

EO 13087 Expands the Equal Employment policy in the Federal Gov. by prohibiting discrimination based on sexual orientation.

Do I have a case or not? I feel I do. If you have more to add than what I have great, if not, okay. Please do not shut me down without asking questions that I may not have foreseen to put in writing. This is serious. I have false chargies levied against me.

 

[justalayman]

you have not posted anything that would be considered sexual harassment. In fact, you allude to threats and such but haven't given any facts to support them either.

reporting what they perceive as sexual harassment by you is not you being sexually harassed.

 

[cbg]

On the basis of what you have posted, no, you do not have any kind of "case".

It is possible that additional details might change the answer.

 

[Harassed2Much]

Harassed Too Much

Approx. 04/09, the "nut" did an inspection of my facility which she had no training or qualification to do. She stated she did it at the supervisor's request and emailed the results to him. She did not do the inspection at his request because he never requested her to do it. She had not had the appropriate training. She opened a hazardous waste container and wrote me up for leaving a container open (EPA violation). I have a signed letter from the contractor that was with me earlier that day testifying they saw me close and latch the container.

05/09, the nut changed what someone had written on the sign out board and then turned me in for writing inappropriate language on the sign out board. I and another person were "talked to" about inappropriate language.

06/09, the nut filed false assault charges against a coworker that consistently defended me against her. The police were called and when she found that I had already taken the coworker to the police (federal) to make a statement, she said it was a "misunderstanding".

06/09, the nut's husband (who is retired and does not work at our installation) came into the office and as he walked past me, he looked directly at me and said he was getting a handgun just the right size for his wife's purse (possession of a firearm on a federal facility is prohibited).

I could go on and on. I have almost 2 years of documentation and email traffic to my supervisors outlining the offenses and asking them to make the hostile work environment stop.

06/09, the nut went to my supervisor's supervisor and asked that I be "relieved" of duty. She did not go through my direct supervisor, but jumped chain of command.

There are many more, but to try to be short I will hit just the big ones.

During an incident in 04/10 in which some diesel was spilled, a coworker and I responded and were there within 6 minutes. By the time the fire dept. got there, the spill had been contained and was being cleaned up. Hours later, someone from headquarters called our office to find out what happened. Somehow, they ended up calling her number. My supervisor was in his office, and his supervisor was in his office. She told the higher ups specifically that I DID NOT RESPOND to the spill, I had not cleaned it up, etc., etc. even though she knew this was NOT the case. She did NOT tell them that there was someone else with me. She only targeted me. She did not pass the call on to the supervisor because she told headquarters that nobody was there to answer their questions. Not true.

07/10, when she found out I had applied for and accepted a higher graded position, she went off her nut, kicking trash cans, desks, etc., venting and yelling that I was going to pay, I should not have gotten the job, I didn't deserve it, etc., etc., and I was going to go to jail and basically that she was going to see to it. My coworker said she was so out of control that he had to tell her to calm down. When the coworker told me of this, I talked with and emailed my supervisor and his immediate supervisor telling them that she was going to do something bad and they needed to stop the hostile work environment. I told them I was in fear for my safety and my career. They ignored me.

10/20, the nut filed a complaint with the IG and said I made unwanted sexual advances and that I grabbed her coat and yanked her towards me. Completely fabricated. Everybody in the office knows she has a vendetta to get me. Everybody in the office knows she makes up whatever she wants and gets away with it.

How's that just for starters. I would say...hostile work environment. This is just the tip of the iceberg.

At each instance of harassment, I spoke with or emailed management. No response. I emailed the EEO office. Was told to remove them from email traffic unless I was filing.

 

[cbg]

It is NOT an HWE under the law unless she is doing all this BECAUSE of your race, religion, national origin, or other characteristic protected by state or Federal law. An HWE MUST be based in a protected characteristic or it is not, legally, an HWE.

The same goes for illegal harassment. Unless it is based on a characteristic protected by law, it is not illegal harassment - it is someone being a jerk.

Since you have provided nothing to suggest that the adverse treatment is based in a protected characteristic, my prior answer stands.

 

[justalayman]

=Harassed2Much;2689517]

How's that just for starters. I would say...hostile work environment. This is just the tip of the iceberg.

while it may be a hostile work environment, it is not actionable as being a hostile work environment as there is no protected class involved. So, what that means, simply, is you work with a jerk. If your superiors do not do anything about it, you either live with it or leave.

 

[Harassed2Much]

What I expected

What can I say, after reading several posts here, it is the answer I expected. I am filing Monday. We will see who is right. Sex discrimination (a protected class) includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.

Also, since you apparently did not look up the EO I refered to, here it is in part again: Further amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government. Expands equal employment policy in the Federal Government by prohibiting discrimination based on sexual orientation. That makes sexual orientation a protected class.

Since this woman has not targeted anybody else in the building, I believe she has fallen into both categories. Sex discrimination and discrimination based on sexual orientation.

Since my co-worker is heterosexual and she ASSUMES I am not, she made the only allegation she can in her last attempt to get me fired. She made up allegations of misconduct on my part.

I am pushing this up the chain. We will see what happens. Please note my original question to this website was never addressed. If I work at a federal facility that is in CA, could California law apply?

 

[pattytx]

Here's the problem you have. The employer's ONLY obligation, legally, is to make the sexual harrassment stop. So, regardless of what happens in the investigation, if it DOES stop, you have no case, even if it IS illegal harrassment.

 

[Harassed2Much]

And truthfully...

Yes, that is what I want. For the harassment to stop. And to hold the harasser accountable. I am not looking to sue unless they fail to take action or tell me that I cannot be protected at work.

Pattytx...thank you for a straight up answer that is not belittling. It is appreciated.

 

[justalayman]

What can I say, after reading several posts here, it is the answer I expected. I am filing Monday. We will see who is right. Sex discrimination (a protected class) includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.

and you have yet to show any claim of sexual harassment other than her claim you sexually harassed her.

but to speak to your claim; just because a person who is harassed is within one of the classes (which everybody is within every one of the classes), it does not mean it is harassment based on that class. You have not stated anything to show you were harassed in a sexual manner or due to your sexual preference, gender, or anything else. You are being treated poorly (per your claims) but none of what you have posted is sexual harassment.

Yes, that is what I want. For the harassment to stop

the harassment itself is meaningless. It must be harassment based in a protected class, which you still have failed to show is the case.

 

[pattytx]

Yes, that is what I want. For the harassment to stop. And to hold the harasser accountable. Pattytx...thank you for a straight up answer that is not belittling. It is appreciated.

Well, "holding the harrasser accountable" is nothing that you can control or that you can demand. Again, the ONLY thing the employer is required to do is to make illegal harrassment stop. Period. They do not have to tell you the results of the investigation or what, if any, disciplinary action they end up taking against this other person.

This is assuming this IS, in fact, illegal harrassment and, honestly, I'm not convinced of that. But even if it is, see the second sentence in the paragraph above.

 

[cbg]

I don't see where anyone has "belittled" you and I don't see where anyone has said that sexual orientation is not covered; it is covered under California state law as well as for Federal employees.

However, accusing you (even falsely) of making sexual advances to her is NOT discrimination (towards you) or sexual harassment (towards you).

I completely understand how upsetting this is. But that does not make it illegal harassment. It takes more than an unpleasant work place to create an HWE under the law.

 

[commentator]

If there is a conflict between a federal law and a state law, the federal law always trumps. If they wish to, the state may make a more stringent policy than the federal law, but not a less stringent policy. They can't for example, say discrimination based on a protected category is okay in their state although federal law says it is illegal. They could, however, add a protected class, like "sexual orientation" or "left-handed Methodist" for example, that the Federal law does not include

They can't say minimum wage in their state is less than the federal minimum wage, though they can set a higher minimum wage in their state. Though they may have more protected categories, more defined circumstances, more protections under state statutes, they can't have less than the feds.

A federal facility in any state will be governed by federal labor policies, most of which are generally much more stringent than any state's policies.

And as everyone else says here, I don't see anything that is illegal harrassment here, either under federal or state statutes. I cannot see any sex related harrassment at all anywhere. But file it, and see if the state office can find any case for you. If they take your case seriously then you are good to go. In any case, you will be suing your employer, the federal government, for allowing your co worker to sexually harass you.

If you can find an attorney who will take your case, without a lot of money up front, then you might have a case. I sure am not seeing it here, though.