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  1. #1
    Join Date
    Jun 2010
    Posts
    13

    Default Sexual Harassment By a Gay Supervisor

    My question involves labor and employment law for the state of: NC

    I work in a major retail company. I am a male GM of a store that I took over 1-01 after being a GM in another town with success for 4 years. This year, my proffit has been down compared to the year before.
    I went for a quarterly review and I was told I was being demoted back to sales. I had to choose another store wherever someone would let me be a salesman. My current location is about to have its best 4th quarter ever profit wise. They didnt care and had their mind made up. The biggest hard charger, dominant boss of the 2 is a open homosexual "Mark". His boyfriend is known in our huge 3000+ employee company as he comes on trips. This Mark is known for being very squared away and liked by many, but if he doesn't like someone he is very vengefull and can make you squirm.

    As me and another GM were awaiting the 2 bosses to review us as mentioned above before the demotion, we were in a hotel hallway sitting. The dominant homosexual boss Markcame out and said "Bill" is handling a sexual harrasment issue on the phone. He will be a few minutes. He then proceeds to say that it involved a salesman who had 10 years on the job. He said the cleaning lady was vacuuming, as he immitated her action of pushing a vacuum cord in other hand. He then immitated the sales person walking in and unplugging her vacuum. He then, immitating the saleperson, crouched down, acted to pull the cord between his legs like a penis by putting his right hand on his crotch and with his left hand jacking/twirling the imaginery penis. While still in that bent position doing that , immitating that sales person still, said to the cleaning lady "Look at those titties, its getting bigger now! Look at those tittes, its getting bigger now, referring to the imaginery 2 foot penis the cord stood for on the salesman. He then removed his hand from his crotch and with his penis hand said "look how big it is now" and immitated that salesman placing the penis / cord back in his pants.

    After this he went to the restroom, came back and called my fellow GM into the review. Both of the 2 bosses, the Mark and (Bill) the one handling the sexual harrassment deal, then after a review of my fellow GM, then demoted him. I was then called in, then I was demoted after 45 minutes of grueling criticism by the homosexual Mark and Bill. Halfway thru, Bill left the room for a call. The Mark then stood up, walked away from the table, beside me 6 feet to my side. I turned and glanced and he dropped his pants to just above his knee as men do with long shirttails when they want to tuck them in. He crook'ed his knees to keep his belt and pants from falling further. He tucked his shirt like men do in the restroom basically. This is the same guy who did the sexual suit explanation graphically earlier. I was then demoted and left.

    I have worked for this guy Mark for 2 years. He gets in your space less than arm length. He will sit beside you and lay his thigh beside your thigh touching. All in the company know he is kinda like that. Last year, on a call with him, he threatened "Just becuase I am the way I am, don't think I don't have the balls to come take you out (meaning fire)!". I felt sexually intimidated by this dominant guy all last year. This year no issues till the demotion thing about nearly a year after that threat. I have not been terminated, just demoted. I filed a EEOC complaint today. We called our company attorney and sent him a a detailed letter of what happened to us. My fellow demoted GM called the company complaince hotline and started a investigation a bigges Boss handles.

    The guy Mark we are saying did this is now due to reallignment not gonna be over us in 2 weeks anyway so that isnt a issue answering to him in the future. The company is investigating now, but his big boss in vestigator is basically behind all of the demotion things anyway. My demotion was blamed on lack of profit, and supposedly my employees didnt like me. I love my employees and them me I am sure. The homosexual embellishes everything to paint the picture he wants. I also made this guy Mark mad with me a few weeks ago becuase someone told him something I said about him punishing another GM in the company I thought was wrong. he went off on me during the demotion for that, so i know that made him want to take me down.

    The corporate attorney has already told us that he knew of the sexual harrassment case the boss Mark guy was immitating(vulgerly) and disclosing it to us. The big boss company investigator told me Mark admitted what we said he did doing that vulger act. The phone threat he made to me about taking me out and him being the way he was has witnesses also. He told 2 other GMs that he said that to me. He also told the company attorneys secretary that he said it to me.

    I feel extremely sexually intimidated by this unprofessional guy. I never thought he wanted me or anything like that, but how humiliating to be demoted and have that stuff done right before it and also to go a year of those kind of verbal abuses.

    Is this a case? like I said, we did a EEOC claim each of us. I bet the company might just write him up and move on. I think he deserves to be fired. He has been written up before atleast once for making a sexual inuendo joke in a big meeting. Do we have a harrassment case?

    Any opinions. Sorry for bad grammar. Thanks

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: A Case

    I have to admit I didn't read your entire post; it was WAY too long. However, even if this WAS illegal harrassment, the only legal obligation the employer has is to make the harrassment stop. They do not have to take the disciplinary action you want them to take.

    You've filed a claim with the EEOC. You wait for your right-to-sue letter and then, if your attorney feels you have a good case, you file. I will tell you that getting the right-to-sue letter could take months; once you get it, though, you have only 90 days to get the suit filed, so you would be wise to consult local counsel NOW, with whom you can discuss all the apparent sordid details.

  3. #3
    Join Date
    Jun 2010
    Posts
    13

    Default Re: A Case

    I wanted to know if what I wrote is harrassment or just inappropriate behavior by him.

    Can I still work for them while the EEOC file is going or are they gonna want to fire me after they find out I filed?

  4. #4
    Join Date
    Jun 2010
    Posts
    13

    Default Re: A Case

    Great help. I typed with details as to make it understandable.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: A Case

    The expert responders here are unpaid volunteers, and there aren't very many of them on this site. In addition, they have to know the answer to your questions before they can respond. Sometimes this takes a little time to research.

    I am one of these expert volunteers, and while I happen know the answers to your questions, after reading your snippy and sarcastic little post, I have decided you're not worth my time.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: A Case

    It could be. But, again, even if it WAS, all the employer is required to do is to make the harrassing behavior stop. Firing you for filing a complaint with the EEOC would be a really dumb move on the part of the employer; that would give rise to a wrongful termination case.

    Seek local counsel.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: A Case

    If you read his other thread, you will see that it appears that the demotion occurred BEFORE he filed his complaint.

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