05.21.09
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dierdref said,
April 10, 2009 at 5:43 am · Edit
I have worked for a commercial landscaping company now for 6 months, as of 04/13/09. The Senior Field Supervisor has made lewd comments to me, stroked my hair, put his hand under my top, and has asked me to be alone with him in certain areas of the company property. There was another female employee, who had reported inappropriate behavior, primarily against a different employee with whom she worked in the field, but also made comment about the Senior Field Supervisor I am referring to. She was terminated shortly after, under the guise of her unwillingness to sign the company’s Arbitration Agreement. Not all signed this under “the gun” as she was pressured to. Prior to her firing, the owner and acting HR person, at the time, were overheard saying that she needed to be fired because she was a “problem starter” and that this would be done by cutting back her hours and forcing her out. There is a prevasive culture dictating a necessity to get along with three people at this organization in order to sustain one’s employment, and the Senior Field Supervisor is one of the three. I am more than concerned about reporting any kind of complaint, as I need this job/income and though I have been actively job hunting ever since the incidents first started, I have not been contacted for a single other job opportunity.
normarae2008 said,
April 17, 2009 at 4:53 pm · Edit
Thank you for writing to me. I apologize for not responding to you sooner but I was tied up on another project for a few days. Your message has gotten my full attention, however. I’ll try to give you some information that might be helpful, based on 28 years of practicing as a Human Resources executive. I’m not a lawyer and I can’t give you legal advice, but I can give you some basic information that might answer some of your questions and help you sort out the situation you find yourself in.
First of all, unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority. Unwelcome verbal or physical conduct based on race, color, religion, sex, (whether or not of a sexual nature and including same-gender harassment and gender identity harassment) national origin, age (40 and over) disability (physical or mental), sexual orientation, or retaliation constitutes harassment when: the conduct is sufficiently severe or pervasive to create a hostile work environment; or a supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (such as demotion, termination, failure to promote, etc).
Examples of actions that create a sexual hostile work environment include leering, making offensive remarks about looks, clothing or body parts, touching in a way that makes an employee feel uncomfortable such as patting, pinching, or intentional brushing up against another’s body. Telling sexual or lewd jokes, making sexual gestures or hanging sexual posters, or sending sexually soliciting letters, notes, emails or other images.
Judging by your message, your Senior Field Supervisor may be guilty of inappropriate conduct that could be unlawful with respect to workplace harassment. Further, employers cannot retaliate against employees for bringing complaints forward about potential unlawful conduct by coworkers. If this is in fact occurring, and you cannot approach your employer without fear of retaliation, you have other avenues you may pursue. It’s important that you know that no one should tolerate workplace harassment of any type or form. I respect that you need your job, but you should not have to pay a painful price to keep it. You can always consult a local labor attorney who specializes in sexual harassment, or you can contact the Equal Employment Opportunity Commission. You can find the EEOC on the internet. I understand that we’re living in tough economic times, but some lawyers will take on a case on not seek compensation until the case settles.
Your allegations are quite serious and should be taken up with the proper authorities. Time is of the essence. I encourage you to record carefully all of the incidents that have occurred by date and time, including as much accurate information as you can recall. Please refer to my blog on Record Keeping. You, the previous woman terminated and any other individuals harassed by The Senior Field Supervisor may have a legitimate claim against this individual. I can’t say whether or not your claim will prevail, but these types of behaviors are the reasons why Title VII and unlawful harassment laws were written in the first place. To prevent women like you and me from suffering unlawful treatment in the workplace, and to ensure that the workplace is just that — a place where we can work and be productive and enjoy welcome relationships with our coworkers.
I wish you luck with your case. Please write back to me and let me know what you plan on doing to resolve your matter. I wish you luck, patience, and perseverance. Don’t let anyone take your civil rights away from you. Ever.
