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  1. #1
    Join Date
    Nov 2013
    Posts
    1

    Default Sexual Harrassment in the Locker Room

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

    I work for a very upscale private club in NY in the locker room of their fitness center. I'm young and not bad looking so I am used to the occasional stare or comment but last year while using one of the urinals a guy comes up next to me and starts pleasuring himself. I didn't recognize him but I quickly got away from him and hoped that would be the end of it. Unfortunately he started coming into the locker room sometimes 3-4 times a day and stare me down or pull out sneak up on me and pleasure himself when no one else was around. I asked him to stop and when he didn't notified my supervisor. He told me if I accused a member of something like this without proof I could get into a lot of trouble which made sense to me. He said to just avoid the locker room when he was around. So I did that but there were still occasions where he would sneak up on me or corner me while I was working. During one Saturday I find out he works in the administrative offices and he was in management (as he was the manager on duty that day) and after that things got worse. He would approach me when I was eating in the cafteria or sitting alone at the front desk of the gym and start a conversation and when nobody was around to hear would mare inappropriate comments to me that were sexual in nature and once when he was spending the night in one of the hotel rooms in the club he caught me on the elevator and grasped my shoulder tightly and tried to insist I join him that night.it's gotten to the point where I've begun to actively seek a new job but the pay is triple the industry standard and I get benefits I wouldn't get anywhere else. One day I mistakenly went to my manager and told her what was going on. I didn't give a name and told her I didn't want to file an official complaint since I couldn't prove it but I wanted to figure out a way to make it stop. She said it was a serious accusation got really defensive and said she couldn't help me. A few days later my login to our billing system stopped working.

    I am also a personal trainer and in order to get paid for my training sessions I have to bill them electronically. I could no longer do that. I mentioned this to her and she promised to get it fixed by tomorrow. The end of the week came and it still wasn't fixed. I asked her to bill my clients since she has a paper copy with signatures of each session I had. She said she would but forgot. The following week after several reminders I still couldn't log in. She assured me she would bill my clients so I would get paid. I even sent her a reminder the day she did payroll. I didn't get paid that week. I continued to ask when this would be fixed. She said it was an IT issue and was out of her hands but would bill my clients that week. At the end of the week she emails me and says she doesn't have any of the paperwork that was needed to do the billing despite the fact I was giving it to her every week, and told me I wouldn't get paid again. The following week the issue still wasn't fixed. I gave her new copies of all the paperwork, the end of the week comes and she says that my clients packages had run out and I needed to get them to fill out paperwork to purchase new packages. I had submitted the paperwork weeks ago. The following week my log in is finally restored, I put all my client charges in the system, the end of the week comes and I approach her to make sure she has everything. Not only is she missing several sheets with client signatures on it, she once again lost the paperwork for my clients packages. I ask her to be more careful but that I would give her new copies. She calls me dramatic and says she doesn't care whether I get paid or not. I tell her I am being patient but I will file a complaint since it's been a month since I've gotten paid. She threatens to write me up for being late one day that week when the subway got stuck.

    At this point I'm not sure what to do. I would just as well leave this job but I can't afford it right now. Last time I went to HR I was sat down and scolded for going above my managers head.

    My questions are: Is there any way for me to prove the sexual harrassment in the locker room? Is there a way to get them to pay me my comission for training?

    Thank you for any help you can offer.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sexual Harrassment in the Locker Room

    If your manager knows of the problem, is not willing to act, but getsher nose bent out of shape when you go to H.R., you can expect that if you pursue the matter her nose is going to get bent out of shape.

    As you're not comfortable taking action by yourself, I suggest consulting an employee-side employment lawyer to help you form a strategy.

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