Sexual Orientation Discrimination? -- I Feel Uncomfortable with the Manager

[TDukes]

I am currently out on leave from work. I was told by multiple people that my Assistant Manager told a customer that I was no longer working at my place of employment. Which was false. The manager was then overheard by both of our managers saying "You had no chance in hell dude, she's a ****ing dyke. No, not bisexual, a ****ing dyke." My coworkers also know about the situation. Is this legal? Do I really have to go back to work with this guy? The customer told me about it as well. Now I feel really uncomfortable and am not sure what to do. Please help!

[AFFA]

I wish to inform you that you may give a written notice to your management about the conduct of your manager. If they fail to resolve the matter then you may file a complaint with the EEOC (Equal Employment Opportunity Commission). You may contact EEOC on tel. or by email and seek guidance in the matter. You may place before the EEOC the witness statements in your support. The complaint may be filed in the office of the EEOC nearest to you. EEOC has 53 field offices. Normally, you may file the complaint within 180 calender days. EEOC will consider all the facts and decide the matter. Alternatively, the State Department of Labor may be approached with your complaint. They will investigate the complaint and provide you with remedy.

AFF

[Lexus]

Assistant Manager’s act is a type of harassment. At first you have to give a written complaint to the Manager regarding the matter and also mention that you can bring witnesses for Asst.Managers act. If no action is taken by the management, you can proceed with case on defamation.

[ESteele]

First, why are you out on leave? Not being nosy. Depending on the reason and the circumstances, your taking leave could be protected under federal law, and could have implications in how you proceed.

Second, where do you work? A few states and municipalities explicitly prohibit discrimination based on sexual orientation. If you work in one of these jurisdictions, you may have more options in how you address your manager’s comments.

Third, the above responder’s advice about filing an internal complaint appears sound. In recent years, homosexuals, lesbians and heterosexuals who do not conform to gender stereotypes have successfully sued their employers under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, for disparate treatment and/or for harassment based on “sexual stereotyping.” It appears your supervisor denigrated you because you do not fit his image of how a woman should act. This conduct could arguably constitute unlawful gender based hostile environment harassment under Title VII.

With all hostile environment harassment situations, it behooves the affected employee to apprise management of the situation as soon as possible. Under Title VII, the company has to have the opportunity to correct the situation. If the company fails to stop the abuse, then it may find itself liable for the ongoing harassment. On the other hand, if an aggrieved employee fails to inform management of harassment (not involving a “tangible employment action”), then she may find herself precluded from pursuing a Title VII hostile environment claim in court if necessary.

Finally, you have to go back to work. You cannot dictate how upper management deals with your supervisor. The company may not fire him or transfer you. However, if the company takes action which stops him from disparaging you in this fashion in the future, then your employer has meet its obligation under the anti-discrimination law. The salient question will be whether your employer addresses the situation sufficiently after you lodged your internal complaint.

[TDukes]

I am out on leave for being hurt on the job. I work for Rent-A-Center. Coincidentally that same manager pulled a cord as I was walking into a room that tripped me and tore ligaments in my knee. I worked light duty for some months and then one day my district manager said no more light duty was available and I had to take a leave of absence until I further recovered.

I live in New York state and was aware that my light duty was only available for a certain time. If I complain to my store manager, what does he have to do? Terminate him? Suspend him? Is this a court matter? So he is basically told, " Do not say such things. " and given a slap on the wrist?

[ESteele]

If you have not done so, you should consider filing for workers’ compensation benefits. Considering that you were injured at work, you cannot perform your regular duties and your employer inexplicably did not allow you to continue light duty, then it would appear you have the basis for pursuing workers’ compensation.

With respect to your putative harassment claim, you fortuitously live in the “Empire State.” New York’s state human rights law prohibits sexual orientation discrimination in the workplace. Consequently, you have even greater standing to seek redress than a similarly situated individual in a state without such a law.

Finally, as stated earlier, if you lodge an internal complaint regarding your supervisor’s denigrating comments, management has responsibility to take steps that your supervisor does not engage in similar behavior in the future and/or retaliate against you for complaining. The company does not have to fire or suspend him. Its responsibility is to take reasonable steps to assure this abuse does not occur again.

If the company’s corrective measures do not end the harassment and preclude retaliation, then you would have a basis for pursuing this matter further by filing an administrative complaint with the New York Human Rights Division and/or filing a judicial complaint in court. On the other hand, if the company’s corrective measures work and nothing untoward happens, then the matter is effectively closed and you would not have a basis for pursuing further action.