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  1. #1
    Join Date
    Jan 2015
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    4

    Default When Do Sexual Jokes at Work Become Sexual Harassment

    My question involves labor and employment law for the state of: colorado. I have been working for this company for almost a year and I have heard tons of sexual jokes and have even been told that my age came into play on giving me a promotion or not. Also the schedules they have made are never correct and they have me come into work just to leave and come back at a later time due to their mistakes. Do I have a case? Or any kind of compensation for the time and gas used for their mistakes? Other activities have happened in this company I know are illegal but I have been told if I bring them up if they lay me off it could be considered slander?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Discrimination, and Sexual Harassment

    What is your age?

    Have you ever complained about the sexual jokes?

  3. #3
    Join Date
    Jan 2015
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    4

    Default Re: Discrimination, and Sexual Harassment

    I am 22 and my manager of the store I work at is the one making the jokes

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Discrimination, and Sexual Harassment

    I didn't ask who was making the jokes. I asked if you had ever complained about them.

    Under both state and Federal law age discrimination is ONLY illegal if you are over 40, so that's not going to fly. There are no laws whatsoever regarding schedules. If I recall correctly, your state does not have a reporting time rule so having you come in and then sending you home doesn't give you anything either, not even time or gas. I can't address the other allegedly illegal issues since you haven't told me what they are. You *may* (underline may) eventually have a claim for sexual harassment but the EEOC much prefers that you initiate self-help measures first. That involves making an internal complaint, whether it's to HR or the office manager or someone else further up the chain. So that's your first step.

  5. #5
    Join Date
    Jan 2015
    Location
    Bedford, Texas
    Posts
    109

    Default Re: Discrimination, and Sexual Harassment

    I agree with what cbg has written, except to add that if your employer has an anti-harassment policy that instructs you how to make an internal complaint of harassment that you need to follow that process before you start thinking about abandoning your job or making an external complaint to a government agency. If your employer can stop the conduct then, as a practical matter, all the better for your job. If your situation turns into a lawsuit and you did not take advantage of the anti-harassment policy then the employer can use that as a defense to your claims. It is not an impenetrable defense but it is close enough that you do not want to be in the position of having to fight that battle if you do not have to.

  6. #6
    Join Date
    Jan 2015
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    1,142

    Default Re: When Do Sexual Jokes at Work Become Sexual Harassment

    Have you told your employer that you do not enjoy listening, or that you do not wish to hear a joke that may be sexual and offensive? Have you left the area when such jokes are being told? As it has been said, you would need to let your employer know that you had a problem with what was being said and done in regard to the sexually suggestive jokes or comments, and give them an opportunity to fix the problem. This needs to happen before you would be able to present the situation to any other agency and complain that you were being sexually harassed. You don't want to go into a complaint and have them able to honestly respond, "Well, she was listening and laughing, and even told us a few jokes too. We were not aware she had any problem with it!"

    It sounds as though there are several not really related issues going on here. But the course of action is similar for each of them. Before you try to call in outside forces to fix the situation, you let people on the job know if there is a problem, and you do so in a mature and professional way.

    As it has been said, there's no age discrimination that is legally protected going on here. When they say something like, "You're too young to be considered for a management position" you just say, "I hope I can convince you that I'm capable," smile, and go on. Don't prove your immaturity by crying, snapping at them or trying to fight back when something derogatory is said about your youth.

    As for being called in and then sent home due to schedule changes, you may complain to them about this, but it is the nature of some types of businesses, primarily food service businesses, that people can end up being sent home and working fractured shifts as needed to meet the demands of management. This is not to say that you cannot carefully check what schedule information you have available each time before you come in, and if you are called in and sent home due to mistakes, it wouldn't hurt to express your displeasure and tell your supervisors that you find it very inconvenient to have to leave and come back because of their mistakes. That said, there's no other recourse except to find another job, and when you do, you leave this one and go on to the next one.

    I really strongly doubt if they are going to lay you off or fire you. Because if they do, the business will probably be on the hook, will have to pay higher unemployment taxes because you would very likely be approved to draw unemployment benefits if you are fired without a good work related misconduct reason, or if you are laid off due to "lack of work" because they don't want you any more. But of course it is not appropriate for you to argue this point with them when you are threatened. Just smile and go on, do your work quietly and professionally, and let the chips fall where they may.

    No, if they lay you off, it would not be considered slander, even if they told very evil lies about you to the unemployment insurance system. Businesses can fire "at will" which means they can fire you for just about any reason not specifically protected by the EEOC and a few other things, and they can say just about anything to unemployment about the reason they fired you. There's nobody you could sue, no way you could say they were slandering you. Most businesses, especially if you work for a national chain store and not just a privately owned local store, will have very strict policies for their managers on how to terminate employees and what procedures must be followed.

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