Is it sexual harassment...

by keyser soze 129 Replies latest jw friends

• 

  John Doe

  Don't count on a settlement. Every case is unique, and no one can tell you whether a company will or will not settle, especially without seeing the evidence, questioning the witnesses, and going through discovery. Again, if you want to do this, you need to get some legal advice from an attorney in your state.

  I can completely understand if you don't want to go through the anguish, embarassment, and effort of suing. However, it would be good for you to determine your rights and what your possible outcomes are. A lot of attorneys have free intitial consulatations, and if you find one who practices in this area, can give you a good idea of where you stand. However, there are deadlines that have to be met, and the longer it goes, the harder evidence is to come by. Just a few things to think about.
• 

  beksbks

  Bob, from the day I started, was a Boob Starer.

  Oh man, I had a district manager like that. I do think that can definitely be harassment. It's always some hideously disgusting guy too.

  Hey VIII, what kind of company was it?
• 

  AGuest

  Okay, maybe not a BIG settlement... but it should as much about saving current employees from something similar as about money for VIII. She should at least consult her friend or someone he refers her to.

  I'm just sayin'...

  Peace.

  SA, who wonder's if perhaps "John Doe's" REAL name is Bob... or was in a former life...
• 

  beksbks

  SA, who wonder's if perhaps "John Doe's" REAL name is Bob... or was in a former life...

  Shelby, you are a perceptive woman!
• 

  John Doe

  SA, who wonder's if perhaps "John Doe's" REAL name is Bob... or was in a former life...

  Why would you say that?
• 

  John Doe

  Guys, this is not a joking matter. If you're serious, then I want to know what you're making that accusation on.
• 

  Mary

  Was that Sexual Harassment? I thought so, I never bothered to see an attorney.

  Oh lordie....that's the first thing I would have done. You could have sued their asses off for sexual harassment and wrongful dismissal. I have no idea if there's a Statue of Limitations on this, but it may we worth your time to talk to a lawyer.
• 

  undercover

  I read your experience yesterday, VIII but didn't have time to respond. So sorry you experienced that.

  Something similar happened at a company I worked for several years back. The son of the boss, neer-do-well, who had his position because daddy owned the company, sexually harrassed several women. One finally blew the whistle but it got hushed up and she got fired. She got an attorney and pursued legal action but the daddy bossman paid her off to keep her quiet. Of course, over time, the story leaked out through other sources...that's I how know of it but at the time hardly anyone knew outside of management. We learned of other instances. Each time the company got out of it by opening their checkbook but stayed out of court.

  This was several years ago and probably before harrassment rules/laws were so tough. What one can do today in this type situtaion is much different than back then. That's why the rules are tough and companies sensitive to it now. They're scared of being sued, as they should be if they allow this behavior.

  Back to the topic...I understand the silliness of some of the rules, but having seen some bad situations and being a manager now, I have to be sensitive to these things and make sure that my employees never feel harrassed or put in a hostile work environment. I'm sometimes torn between common sense and how stringent the rules can be, but let's face it, we're there to work, not socialize or make friends or meet girls/guys. Save that stuff for after work. Is it too much to ask people to act like a responsible adult for 8 hours a day?
• 

  VIII

  The corp is a major retailer. Not WalMart. I worked in a distribution center, supervising the receiving of product and getting it sorted it for the stores.

  I will talk with my husband as to whether or not he believes he thinks this is worth pursuing. This will impact him also in ways I don't want to get into.

  I really thought the women of the facility would stand up and say "Yes, Bob does this to us to and it bothers / impacts us." Especially after they all told me they had it happen to them and I could see him doing it. My manager said he did it to her and agreed it was wrong. She just wasn't prepared to stand up and do anything. She was the main earner in her family. She said Bob was just a jerk and ignore it. That was when I first started.

  Bob would stare at your chest, put his hands in his pockets and play with his *change*. I put up with it for a long time. The incident in the back room was the last straw. That was terrifying. That took creepy and weird and surreal to an all new level. The look on his face was so weird. I have it burned in my brain. And his eyes, the way his eyes, looked. He was in the throes of a sexual encounter-with himself. While looking at me.

  I felt like Norma Rae, I thought I could make a positive change for every woman there by standing up and saying "Stop, you can't continue doing this." Especially after talking to friends and being egged on by them. It is a lot easier to push someone into doing something when it has no direct impact on you.

  I thought it would end like a Hollywood movie. Positive. I thought the women, at the very least, would stand behind me and help me help them. No, they just stood back and watched as I got skewered. Real life is obviously not a Hollywood movie, but this seemed so obvious. Bob was such a lecher.

  I will really have to think about this. This is one of those things that makes me angry when I think about it, yet I've always felt powerless to do anything about. John Doe actually gave me a little bit of sun with his explanation. Thanks John.
• 

  TD

  Without trying to be overly argumentative or trivializing real, egregious instances like VIII experienced, I really think it muddies the water to mix criminal law with workplace (Civil) law in these discussions.

  Everyone probably remembers how, a few years ago at the G8 summit, George Bush walked behind German Chancellor, Angela Merkel and rubbed her shoulders. There was a lot of discussion over whether this was sexual harrasment.

  Now while this was undeniably a stupid thing to do, (What would you expect given the source?) in America, sexual harassment is strictly workplace law. Uninvited contact may constitute assualt, but in contexts other than the workplace, it does not constitute sexual harassment. Two persons must work together before the latter may occur. No employer; no sexual harassment.

  I think it is a similar mixing of 'apples' and 'oranges' to compare people's perceptions of what is wrong with sexual harassment with their perceptions of what is wrong with beating a wife and child. There is no comparison. Many of the things that could constitute sexual harassment in the workplace are actually protected conduct under the broader umbrella of criminal law.

  For example, while you can and should be fired for making off-color comments or lewd double-entendres to your coworkers, as long as your language was not threatening, you're not going to be arrested, charged, jailed, arraigned, tried, convicted, sentenced and ultimately fined or imprisoned for exercising what is ultimately a constitutional right.