T Nation

Sexual Harassment


#1

Just curious if there are any lawyers out here in T-Nation. I wanted to ask a question or two about sexual harassment. My boss is gay and I'm getting a little tired of his comments and actions. He does this to several males at work. This has been going on for quite some time but I just let it roll off my back in the past. There are 2 of us who may be willing to come forward and a former employee who is in agreement with us.

I suppose we will contact an attorney to see what our options are but I thought maybe some folks on here may have gone through the same thing. Any feedback is welcome. Thanks in advance!


#2

A few points to keep in mind, if you bring this forward:
Documentation is key. If you can get recordings, are great, but if not, a written log with times, dates, quotes will help.
Make sure your complaint is legit. A lot of us hate are bosses, whoever they are, and look for a reason to complain.
Hold your tongue, don't provoke or reply. Any anti gay statements may be turned against you, if it goes to court, the defense is to make you look like a bigot. -At a former place of employment, a minority employee was let go for making reoccuring blatant racial statements, "crackers, honkey, I hate white people", and sub par performance. He got lawyers involved and got reinstated while the manager go fired. It seems like discrimination and harassment is primarily wrong only if it is done by a white male.
Inform your boss that his actions make you feel uncomfortable. Document this.


#3

Generally, you would need to make complaints through the proper channels at your company.

Absent some sort of actual quid pro quo sexual harassment (e.g. he asks you to let him blow you to keep your job or something), you would need to establish a "hostile environment." While I suppose it's theoretically possible to establish this if you don't make a record of complaints and then his repeating the behavior, it's much better for any case you may bring to have such a record.

Check this site out:

http://employment-law.freeadvice.com/sexual_harassment/


#4

I too will tell you that documentation is very important. If you have documentation of incidents when you bring suit or have your representation contact the employer your case is likely to be resolved much more quickly, probably not even making it to trial.

Having documentation on the part of the two other individuals with whom you may file suit will just make your case all the stronger, and likely make your settlement all the larger.


#5

Have you spoken to him about this?

That should be the first step. People are far too eager to involve lawyers into everything nowadays.

Sit him down and tell him, professionally and politely, to cut the shit.

If he's still doing the rump-shaker after that, talk to HIS superior.

Then, sue.

(If you've done step one and/or two already, please disregard this post.)

But, it is amazing what being direct and straightforward will get you.


#6

Yep -

If you haven't confronted him, then you haven't done your part.

Of course, be as tactful as possible, and make sure to have someone with you to witness the confrontation - that way if he says something he shouldn't, you're covered, and if he tries to say that you were being insensitive about his preference, you've got someone to back it up.

Hopefully, it will end at that - but for future reference, document everything - you never know what's going to come up in the future, and if you don't have a log with dates, times, and an account of what happened, nothing's going to happen.

CR


#7

This is a very delicate subject. You could easily be portrayed as a homophope [not saying you are] if you don't take the nescessary precautions. Do like the others have said and approach him with your beef [ pun definately intended]and see if ya'll can square it away. Good luck with this.


#8

A third employee by the name of Roger did stand up to him in a manly way and paid the consequences. He just made it uncomfortable for him to work there and eventually Roger left.

I work in the food and beverage industry so I'm only seasonal(Nov.- April) help. This is partly why I'm afraid to go to the HR department to report this. I have the feeling my job won't be waiting for me when it's time to come back. The joke around work is if you make a complaint about Shane you'll be w/o a job.

I did start to make documentation about 3 weeks ago. I just wrote down the comments he's made and the times when he's reaching for my crotch. My fellow employee is going to do the same thing.


#9

Thanks for the link. I'm going to contact two attorneys this week for a free consultation.


#10

If he reaches for your crotch, knock him out. No lawyer needed.


#11

I'd like to, but the job may be hanging in the balance.


#12

Just discuss it with him in no uncertain terms. I doubt you would get fired or a threat of firing. Then you really would have a claim against him. As it stands, is it really something you want to go through the hassle of a lawsuit over?


#13

Guess, I missed this one. He's reaching for your crotch? That is totally unnaceptable.


#14

If this guy is reaching for your crotch, bust him in his fuckin head then get him fired. That's a pretty clear cut example of sexual harrasment.
If your higher-ups are afraid of canning him because he's gay and they're afraid he'll use that to his advantage, get a witness or someone else who he's assaulted.
If a few people come forward and say "This guy has been tryin to grab my dick" they have no choice but to get the message.


#15

Do you place your job higher than your own moral standards?


#16

This isn't a delicate subject at all. The person in question shoud NOT receive special treatment cuz he's a fag. If this were about a man doing these same things to a woman, it would be harrassment in no uncertain terms and the man would be disciplined and/or fired. Same rules should apply to fags and dykes as well. No special treatment. You are NOT ENTITLED to special treatment.


#17

Perhaps he needs his job more than your moral standards.

I'm in a position where I could afford to give him a swift kick in da nuts. But I respect people who are not in that position.


#18

Why don't you take your sunglasses off and read my post again.

If he is bothered by this stuff (because of HIS moral standards) then that should be enough to do something about it. Whatever that entails is up to HIM.

Got it?


#19

Some people have a responsibility to wife and children. Some people can't afford to loose their job, or run even the remote risk of loosing their job.

Got it?


#20

So then by your defintion of what is "right" he must allow anyone to do anything to him as he cannot lose that "wonderful" ...job no matter what.

Right?

I think you should think about that.