I am being harassed & bullied at work and have reported it to 1 supervisor, 2 managers and 1 senior hr manager (4 times). I was told they would talk with the bully/harasser but could not let me know the results. The behavior includes profanity, mocking, ridicule & I have asked him politely and also demanded that he "cut it out" and was told to "kiss my f---ing ass". He seems to target only the women & says he is only joking or playing. The behavior still continues but not within hearing and sight of anyone. I try to stay out of harms way but working in a small (8 people) retail dept, it has become very difficult, stressful & is starting to affect my fellow co-workers. How & what can I do to deal with this issue?
Optional Information: State/Country relating to question: Hawaii Already Tried: 1) being extra polite and staying out of his way 2) reported to 1 supervisor and 3 managers (includes 1 sr hr mgr). 3) consulted with EAP clinical psychologist 4) registered for EAP consultion servives 5) researching legal advice
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.Are you saying that you are being discriminated against based on your gender?
Possibly since the harasser is male and it appears that he harasses only the women but claims he is only kidding.
If you believe that you are being discriminated against due to your gender, you can file a complaint with the Hawaii Civil Rights Commission. You cannot file with the EEOC since your employer only has 8 employees.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Remember that you are rating my service to you and you are not rating the law or the website.
I don't feel this is a GENDER discrimination issue but it appears he bullies & teases the women and says he is only joking. I have been called shorty, midget and pocho (a portuguese slang and I am not even portuguese).When I excuse myself to get past him in the stockrm aisle, I am told to go around.If I need to get to a drawer when he is standing at the cash register, he pretends not to hear and is slow to move asside.If I am using the register & he is waiting for his turn, he will huff & mutter "jesus takes forever".If he sees me in the breakrm, he will mutter "oh shit", turn around & walk out.Speaks negatively about me to coworkers who are now asking "what going on with you two?" or "why does he hate you?" If I make a comment like "that was such a cute shoe" or " it was so windy outside today" or "W got 3 stars yesterday" he mutters comments like "so what", "big deal" or "who the hell cares".The constant negativity is taking its toll on my productivity which is affecting my income and it is becoming very stressful and I am losing the cheerfulness and the enthusiasm of being at work. Please tell me what are my options.
If you do not think that you are being targeted because of your race, age, gender, disability, etc., then you would not have any legal recourse at all since general Bullying is not against the law in the workplace. It is purely up to management to deal with those types of issues and there are no laws that would apply, unfortunately. Remember that I do not make the laws. I only report them and so please do not shoot the messenger.Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Remember that you are rating my service to you and you are not rating the law or the website.
There are 6 men & 5 women in the dept, if he is targeting only the women, in your opinion is this gender discrimination or not?
I obviously can't give a legal opinion, not only because it is against the rules of the website but it is also against the rules that govern my law license, and also because I do not have all of the facts. If you believe it is gender discrimination, you may file a report/complaint as I explained in my initial answer to you.Please let me know if this has answered your question and if it has, please do remember to rate me a 3 smiley face/stars or above so that I may receive credit for the time it took me to help you with your question. Thank you!Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Remember that you are rating my service to you and you are not rating the law or the website.
Our dept may have only 11 people but the retail organization employs thousands of people. With whom and where do I file a complaint?
If your employer has 15 or more employees, then you can file a complaint with the EEOC - www.eeoc.gov. Please let me know if this has answered your question. If you need clarification, please do not select a rating yet. Instead, click the Reply or Continue Conversation button. If, however, I have fully answered your question, please remember to rate me a 3 or higher so that I may be compensated for the time it takes to respond to your questions. That is the only way that we experts get paid since we do not get paid by the site. Keep in mind that you are rating my service and not the website and that the site prohibits us from giving legal advice or opinions on your specific circumstances. We can only provide general legal information. Remember that you are rating my service to you and you are not rating the law or the website.
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation