Indirect Harassment

[mandamommy78]

Hello, I live and work in the state of California.

I've posted on here about my supervisor, but now I have a question in regards to some of my co-workers.

I was out of work for about 10-15 days due to a pregnancy that was actually ectopic (tubal pregnancy or any pregnancy that is not in the uterus). During the time that I was out, I was told by a co-worker that every time I called out, others made comments about not being surprised that I called out again, and that I would probably keep calling out.

Upon my return to work, 2 of my co-workers were ranting in front of me stating "if my butt (they used the other word) itches i'm calling out sick. even if i'm not sick, i'm gonna call out and make sure it's on a weekend too!" They also brought up the fact that the following weekend was Cinco de Mayo and that "someone will probably call out." During this, they were laughing amongst themselves. I was in the hospital over the weekend, and the following weekend, after a second hospital stay on Thursday, I was advised to stay at home in case I had any reactions to the medication that was given to me to medically abort the tubal pregnancy.

Now, today, another co-worker of mine stated that it was her Friday. The co-worker making the statements the other day said "I wouldn't get too excited. It's the weekend, and you might have to come in and work overtime because 'someone' might call out sick." The co-worker she was talking to, didn't quite understand what she meant by this, and someone else said, "you know what she's talking about...", this same co-worker a few minutes later, blatantly ignored me when I was trying to pass down information that had occurred the previous day.

Not only am I devistated by the loss, and the ordeal I had to go through, but I have to come to work and feel as if my self esteem is being attacked. I didn't choose to have pregnancy complications, so that I could go through surgery. Is there anything I can do? Thanks, Amanda

[seniorjudge]

Hello, I live and work in the state of California.

I've posted on here about my supervisor, but now I have a question in regards to some of my co-workers.

I was out of work for about 10-15 days due to a pregnancy that was actually ectopic (tubal pregnancy or any pregnancy that is not in the uterus). During the time that I was out, I was told by a co-worker that every time I called out, others made comments about not being surprised that I called out again, and that I would probably keep calling out.

Upon my return to work, 2 of my co-workers were ranting in front of me stating "if my butt (they used the other word) itches i'm calling out sick. even if i'm not sick, i'm gonna call out and make sure it's on a weekend too!" They also brought up the fact that the following weekend was Cinco de Mayo and that "someone will probably call out." During this, they were laughing amongst themselves. I was in the hospital over the weekend, and the following weekend, after a second hospital stay on Thursday, I was advised to stay at home in case I had any reactions to the medication that was given to me to medically abort the tubal pregnancy.

Now, today, another co-worker of mine stated that it was her Friday. The co-worker making the statements the other day said "I wouldn't get too excited. It's the weekend, and you might have to come in and work overtime because 'someone' might call out sick." The co-worker she was talking to, didn't quite understand what she meant by this, and someone else said, "you know what she's talking about...", this same co-worker a few minutes later, blatantly ignored me when I was trying to pass down information that had occurred the previous day.

Not only am I devistated by the loss, and the ordeal I had to go through, but I have to come to work and feel as if my self esteem is being attacked. I didn't choose to have pregnancy complications, so that I could go through surgery. Is there anything I can do? Thanks, Amanda

Q: Is there anything I can do?

A: About what? Yes, I read the whole thing.

[Mr. Knowitall]

You took sick time. Your co-workers are skeptical that you were sick. You haven't told them why you took the time off. Your boss can't because it would violate your privacy. Does that about sum it up?

[mandamommy78]

I called from the hospital and told them while I was out. When I came back, they knew. They started mouthing off in front of me. I sent out an email with the details in attempt to clear things up. They are still talking....

[Betty3]

There's nothing illegal about what your co-workers are doing - the talk should die down after a while when they find someone/something else to talk about.

[seniorjudge]

I called from the hospital and told them while I was out. When I came back, they knew. They started mouthing off in front of me. I sent out an email with the details in attempt to clear things up. They are still talking....

CAUSE:

I sent out an email with the details in attempt to clear things up.


EFFECT:

They are still talking....

[mandamommy78]

This is interesting, the EEOC and DFEH have advised me that I have a case. hmmmmm.......Thanks anyway!

[seniorjudge]

This is interesting, the EEOC and DFEH have advised me that I have a case. hmmmmm.......Thanks anyway!

Yes, and I have some swampland just West of New Orleans that is a great buy!

[Mr. Knowitall]

This is interesting, the EEOC and DFEH have advised me that I have a case. hmmmmm.......Thanks anyway!

I think seniorjudge is skeptical because they don't just make that type of declaration when somebody calls them up with a complaint. Also, from what you say, it was your communications which triggered this problem with you co-workers and you haven't given any indication that your employer was aware of the problem, let alone that your employer failed to take any required corrective action. So do you mean that they are investigating your report?

[mandamommy78]

Yes, I advised the supervisor AND my co-workers of the issue with me. Actually, so did my mother. There was a point where I wasn't coherent enough to make a phone call. I know a few people that work for DFEH, and based on the info that I gave them, they feel that I was treated differently than one that isn't pregnant, and another co-worker that is. She takes time off because she has a high risk pregnancy (same as me), and she is not being disciplined for anything, nor is anyone making obvious comments about her.

I was disciplined, I was suspended from shift trading for 90 days because I failed to show up for work, even though, my mother called the night before (a designated person, such as herself, is allowed to do so) to tell them that I was in the hospital, and that I might need surgery. Based on my human resources and FMLA, I was classified as temporary disabled, and I was disciplined during that time, which is also not allowed. In the past, where suspension should have been applied for someone else, it was not, and they were not even pregnant. They just called out sick.