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  1. #1
    Join Date
    Aug 2011

    Default Harassment, Verbal Abuse, Hostile Work Environment

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

    Could please someone answer the following? Thank in advance!

    I was subject to verbal abuse by two female employees of different race than mine, and I am a different nation of origin than them - (time period -one month before I reported them to my supervisor).
    I was called names every other day (stupid, smelly, crazy), and was told "I hate you" by one of them.
    I also heard a male employee making a comment how he would like me in his group just for sex. I told this to my supervisor, but harassment by other than those female employees increased tremendously especially when one of the females that verbally abused me told a male acquaintance of the same race that I reported her.

    After that I was called slut, whore, and followed by one of his acquaintances during the lunch time.
    At the same time, I was also being trained for a more complex task unlike those two females who harassed me, and whose work I was given to correct often.

    At that time of my training by a male coworker, I heard people behind me talk about me and my nation of origin in negative terms which I would not repeat here, but also called names - "a s..t", stupid, "turd" by a couple of employees as well as I was told "I hate you" and "liar" by a employee who pass by my cubicle when she was telling me this. Other employees would also ask why is she is being trained? , why she is getting a phone? (a part of training would be through a conference call), what are her qualifications?, (I have a degree which others two females do not possess, and was told my female supervisor and her boss that I am doing a better job and that is why I am getting trained for a more complex task). There was also a possibility of getting a promotion.
    The harassment by other employees other that those two reported to the supervisor especially males continued, and they would often comment how I am a s..t, comment about my body, - one of the employees that I saw him follow me - would describe what I was doing during my lunch and say sexual profanities about me. It got to the point - that gossip that I can hear in my background and slender ( I was ashamed to go to lunch within the campus of the organization), that I would lost my concentration, get panic attacks, and finally I had to quit the job because I could not stand it anymore especially when five individuals met me in a hallway and called me "" and one female just outside the building "a s..t" after a male employee who followed me and telling sexul jokes as well as stories, lies about me was told to stop by a female employee. The supervisor was quiet and nice to two female employees that started all of this being afraid of their race card, but cold toward me. I know names just of those two females that I reported my supervisor, my supervisor's name and her boss name. I suspect that he knows about this. Other individuals’ names that harassed me I do not know.

    What are my legal rights? Whom to report this - EEOC or contact a lawyer?
    My temporary agency is investigating the case. How to get the names of other witnesses?
    I was shortly employed there, but I have consequences and I am in counseling - panic attacks, and possible PTSD as told by my counselor.

  2. #2
    Join Date
    Mar 2007

    Default Re: Harassment, Verbal Abuse, Hostile Work Environment

    It is always better to hold onto the job but I would still contact the EEOC and see what will happen.

  3. #3
    Join Date
    Aug 2011

    Default Re: Harassment, Verbal Abuse, Hostile Work Environment

    Thanks for the time to read my post and for your answer!

  4. #4
    Join Date
    Jun 2006

    Default Re: Harassment, Verbal Abuse, Hostile Work Environment

    The first thing the EEOC will ask you is what efforts you have made to resolve this within the company.

    So, have you reported any of this to HR?

  5. #5
    Join Date
    Aug 2011

    Unhappy Re: Harassment, Verbal Abuse, Hostile Work Environment

    I am worker of a temp agency who is investigating this, but after I quit then reported this to the agency, which does not help me any BECAUSE I was told that I should have reported this before quitting to have a written record of the abuse for possible court – I will have to wait to see.

    I reported to my supervisor (not the agency) at the workplace that I was being harassed, but nothing happened - harassment intensified by acquaintances of the one of the females that started abuse. I do not think that company I was doing work for will give names of any witnesses, and I am afraid that without witnesses in court I do not have a case. I can tell names of those of my two managers - supervisor and her boss - but I am afraid that they will not tell the truth not even under the oath to protect themselves and to be loyal to their company - same with EEOC - I think they will not favorably testify to EEOC. I was afraid to report this to my agency during my employment with the organization that I blame for harassment because of the experience with the previous agency which did not anything when I reported much less malevolent issue. I am afraid that I will not have closure to this issue and that I will continue to suffer from anxiety. THANK YOU VERY MUCH FOR YOUR RESPONSE - PLEASE ADVISE WHAT TO DO?

  6. #6
    Join Date
    Dec 2009
    Lake Chapala

    Default Re: Harassment, Verbal Abuse, Hostile Work Environment

    Report it to the agency. If nothing is done, report it to the EEOC.

  7. #7

    Default Re: Harassment, Verbal Abuse, Hostile Work Environment

    You appear to have a complex case involving allegations of multi-faceted harassment and retaliation. I would recommend that you contact a local employment attorney promptly. Once you meet with him or her, the two of you should make plans to file with the EEOC or the state or local Fair Employment Practices (“FEP”) agency.

    If you do not retain counsel quickly, you should contact the EEOC or FEP yourself. You have a very short limitations period in which to file your administrative harassment and retaliation charge. (I THINK you only have 300 days from the last act of discrimination to file your charge. But, for numerous reasons, you do want to avoid waiting to the 11th hour to file. I would suggest you file your administrative charge within the first 150 day window just to better insure you do not have limitations problem.)

    As you look for counsel and plan to file an administrative charge, you should consider endeavoring to write down an account or a summary of every incident of harassment or retaliation you can recall. The more details you can recall will enhance the prospect of your ultimately prevailing on your harassment and retaliation claims.

    Finally, the fact you resigned from the job does not necessarily affect your case adversely. Frequent ethnically motivated epithets or sexually charged comments could very well render a jobsite so toxic as to fully warrant a “constructive discharge” claim. If your evidence supports a constructive discharge claim, your former employer could remain liable for, inter alia, your lost wages even though you resigned from your position. The test remains whether the offensive conduct made the workplace so intolerable that a reasonable person would feel compelled to resign under such circumstances. As with the other aspects of your potential case, you need to discuss the potentiality of pleading constructive discharge with your counsel.

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