Employment Law/EEO

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QUESTION: Hello, I have been struggling with a hostile work environment for the last five or six months, which is also the length of time I've been employed with the company. I am the only female employee underneath my supervisor, and my working conditions are starting to get out of hand. I've tried multiple times to get us on the same page, and even made a comment to his supervisor about his behavior, and nothing is being done.  I've become desperate and start looking for jobs, using personal days and sick days to do so. I have yet to find anything that will compensate me in the way that I need for my current financial situation. I have been encouraged to file an EEO complaint from my friends and family. The job is starting effect both my physical and mental health,  and I am wondering the following
1)  do I need to remain employed with my current employer for the duration of the EEO complaint? I feel desperate to leave and know that the complaint will not be taking gracefully. I'm nervous to still be employed while the complaint is being handled.
2) what are the chances that my complaint would result in compensation? I have now had six interviews and not one has offered me a wage that I could live on... I live in Maine and am only looking for $15/hr! It's really the lowest I can go. Could I be compensated while looking for a new job? Could I receive compensation for the personal days I spent job searching? Could I be compensated while looking for a new job? Obviously, I don't want to put myself in the situation  where I leave my job and can't afford to take care of myself anymore.

Little more information, I do have detailed records of the misconduct and witnesses of the harassment and hostile work environment. I work for a local government, and very few women are employed here. My supervisor has about 10 people working directly under him year round. There are 2 female employees, myself and his secretary. I'm 25 and his secretary is in her 60's.

Harassment includes touching my back and shoulders, instructing me not to talk to other employees because they only think I'm attractive and don't have anything constructive to talk to me about, and heavily micromanaging me more than any other employee just to name a few.

ANSWER: Hello Lerin,

In order to offer info or resources that may answer your questions I need clarification.

The answer all relevant questions concerning your employment situation...

Your full name:
Employer name:
Your age:
Any physical or mental disabilities:
Employer type of business:
Employer number of full time employees:
Date of hire:
Job description:
Job shift:
Number of others with same job description:
Ethnic makeup of others with same job description:
Number of women in same job description:
Full or part time:
What have your job evaluation ratings been:
Any recent change in your job evaluations:
Ethnicity of supervisor or manager you report to:
Gender of supervisor or manager you report to:
Are you subject to random drug testing:
Results of any drug tests:
Are you a member of a union:
Have you been given any warnings about your job performance:
Have you been warned or accused of any company policy violations:

Lerin answer the above questions then use them as a guide to complete your narrative which should follow this basic structure....

Who, What, When, Where, How and Why?

Begin with telling the chronology of when your situation began. The employers statements, response, your response, etc.Talk about any statements made, to WHO they were made, WHO witnessed and any documentation
associated.

Once I have this foundation info, we can then continue to fill in any other relevant info. Again, your PRIVACY in this matter will be assured.

Also if you haven't done so these pages are a quick and entertaining read. I recommend you review them before you compile your data...

http://www.you-can-learn-basic-employee-rights.com/sexual-harassment-at-work.htm
http://www.you-can-learn-basic-employee-rights.com/workplace-retaliation.html

The info contained in these pages as well as the above questionnaire will help you crystallize and focus on the facts. I know how emotionally charged employment injustice can be. However, help yourself by keeping to what has actually happened not what you think, believe, etc.

Regards,
Yancey

Saying Yes To Success,

Yancey Thomas Jr, Employee Rights Mediator,
Coach,Trainer,Advocate,Internet Business Presence Consultant

http://www.videotakeover.us/show/stoptheworkbully
http://EmployeeRightsVideos.org
http://stoptheworkplacebully.com
http://www.You-Can-Learn-Basic-Employee-Rights.com
http://EmployeeRightsGuide.com
http://EmployeeWorkplaceRights.com

---------- FOLLOW-UP ----------

QUESTION: Ok I would love to really dive into thins and learn how to handle the situation. Is there anyway to make this question private? My company does daily searches online looking for employees talking about work, checking social media, etc. I am nervous of my name or the company name coming up in a search.

ANSWER: Hello Lerin,

As far as I know ALL inquiries are defaulted to private. However, I don't control the ALL Experts site. You could make inquiry to the site admin for clarification. I know that I ALWAYS keep private any questions.

Regards,
Yancey

---------- FOLLOW-UP ----------

QUESTION: Employer name: public services department
Your age: 25
Any physical or mental disabilities: none
Employer type of business: city government
Employer number of full time employees: 100+
Date of hire: August 2015
Job description: I was told the job would be about public education regarding park safety. What I'm really doing is picking up teams and needles, kicking out homeless people, and writing tickets and warnings with no self defense or protection or formal training.
Job shift: different every week
Number of others with same job description: 0. I am the only year round employee in this position. We do hire seasonals in the summer. There are about 50 men in an equivalent type of "field position" but we all have different job responsibilities.
Ethnic makeup of others with same job description: mostly white males in their 50-60's
Number of women in same job description: 0
Full or part time: full
What have your job evaluation ratings been: meets or exceeds
Any recent change in your job evaluations: no
Ethnicity of supervisor or manager you report to: male white 50's
Gender of supervisor or manager you report to: male
Are you subject to random drug testing: no
Results of any drug tests:NA
Are you a member of a union: yes
Have you been given any warnings about your job performance: no
Have you been warned or accused of any company policy violations: no


Basically I have had problems since day one, but everyone kept telling me it was like a hazing phase and once I got into the union things would change. Now I'm past my probation period and in the union, and nothing has changed. I'm supposed to be a 1 man show developing and supervising this new program that my town is starting. Then in the summer I'd lead a team of seasonals. My manager micromanages my every move and doesn't let me develop anything. I am his only employee that he manages so heavily, so much so that other employees call me "leashed". Other employees doing a similar job who are men are not managed to the extent that I am. My boss tries to take a good cop-bad cop approach and will be yelling at me one minute and rubbing my shoulders- unwelcome- the next. I work in a field type position, so we are all in trucks driving around and moving locations constantly. My boss only makes me check in with him every morning while other employees just get in their vehicles and start the day.

Answer
Hello Lerin,

I apologize for the delay.

Remember my response is intended for educational and informational purposes only. I'm not an attorney and this response is not legal advice and must not be relied upon as such. Please review my specific disclaimer;

=> http://www.you-can-learn-basic-employee-rights.com/disclaimer.html

I forgot to ask what your ethnicity is?

"1)  do I need to remain employed with my current employer for the duration of the EEO complaint?"
Only you can answer that question. Here's what I would consider....

My economic situation
Are there truly viable employment alternatives
Do I want to make a stand for my employment rights. When you become a target
for termination employers will use everything and anyone including co-workers
against you.

"what are the chances that my complaint would result in compensation?"
Only a qualified employment law attorney can make that assessment.

"Little more information, I do have detailed records of the misconduct and witnesses of the harassment and hostile work environment. I work for a local government, and very few women are employed here."

I've worked for several local governments myself. Have you COMPLETELY READ and UNDERSTAND your employee handbook? If not do that BEFORE you do anything else. Also, I would learn EVERYTHING about how my union represents my interests in employment matters.

"Little more information, I do have detailed records of the misconduct and witnesses of the harassment and hostile work environment. I work for a local government, and very few women are employed here."

I would continue to document any and all relevant situations.

A word of warning. NEVER trust or assume that HR or the internal EEO office(er) is your friend!!

Issues of sexual harassment and gender discrimination appear to be present. However, serious consultation with your union rep and a qualified employment attorney are your best options for resolution.

Regards,
Yancey Thomas Jr.

Employment Law

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Yancey Thomas Jr

Expertise

General employee rights relating to ADAAA,FMLA,Employee Performance Reviews,Sexual Harassment,Workplace Discrimination,Job Interviews,Workplace Violence,Workplace Privacy,wrongful termination,drug tests Non Answers COBRA (Consolidated Omnibus Reconciliation Act),USERRA,OSHA,Workers' Compensation,Federal Unemployment Tax Act,Equal Pay Act,The Wagner Act,EEOC,NLRB

Experience

16 years as an employee rights educator, coach, trainer, activist and advocate. Several of my websites and blogs, www.You-Can-Learn-Basic-Employee-Rights.com, http://EmployeeWorkplaceRights.com and http://EmployeeRightsGuide.com rank highly in all four major search engines, Google, Yahoo, Bing and Ask for the keyword “basic employee rights”, “employee workplace rights” and “employee rights guide”. The websites also rank on the first page of the search engines for various other keywords related employee rights topics. These unique site receive 20,000+ unique (new) visitors monthly from all over the world.

Education/Credentials
Tennessee Supreme Court Rule 31 trained in mediator/neutral specializing in conflict resolution of general civil, business and employment issues. Also certified in mediation including the Alliance for education in dispute resolution and Cornell University.

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