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  1. #1
    Join Date
    Feb 2008
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    20

    Default Is an Employer Liable for Reverse Harassment

    Ok, this situation is very frustrating. My current employment has been for about 8 months, in the same line of work for years. The scene is a high performance offshore boat repair shop with 6 workbays, so a very large shop by any stretch. I have been in this business for about 6 years and am 39 yoa. Two of my counterparts are roughly 10 years younger than me. 1 is married with children the other not. The latter is the leader/idol of the married one, and the two collaborate to make me miserable. They like me well enough but cannot stop touching me and continually make sexually lude comments to me. Touch my butt and make suggestive comments about what they want to put in there...etc.

    The harassment goes way beyond just that. I have to watch my back all the time literally. They put tape on my back like back in elementary school that says kick me, or I'm a homo. I have to watch out for flying objects being lobbed in my direction, snowballs, nerf balls etc. Initially I didn't mind I just thought they would eventually stop the childish behavior but It just keeps getting worse. Today they put a maxi-pad on top of my toolbox with donut jelly on it. You get the picture. Also today they tried and failed to tape label me on my back "I Like Men". I'm not gay, I'm married with children of my own. They know I don't appreciate their sense of humor, yet they continue. The owner of the company and my immediate supervisor know this goes on and do nothing about it. I'm really getting frustrated.

    Any ideas?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Reverse Harassment In Kentucky

    There is no such thing as "reverse harassment", only harassment.

    That said, you need to first complain about the situation in writing to your immediate supervisor and his boss.

    Then have a sit-down with your immediate supervisor, his boss and your attorney and discuss the concept of a hostile work environment. Make it clear to your immediate supervisor that he can be held personally responsible if he doesn't put a stop to the harassment.

  3. #3
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Reverse Harassment In Kentucky

    Quote Quoting LawResearcherMissy
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    Make it clear to your immediate supervisor that he can be held personally responsible if he doesn't put a stop to the harassment.
    The supervisor won't be held personally liable for sexual harassment under Title VII of the Civil Rights Act. It is the employer who is liable for illegal sexual harassment and other forms of discrimination under Title VII and the other federal EEO statutes.

    You state that both the owner and your supervisor are aware of the offensive behavior. Do they know that you consider it offensive, unwelcome and want it to stop? If they do, I'm not sure of the value of talking with your supervisor. Assuming that your employer has at least 15 employees, I suggest that you contact EEOC or the state equivalent.

  4. #4
    Join Date
    Jul 2006
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    5,437

    Default Re: Reverse Harassment In Kentucky

    Quote Quoting LawResearcherMissy
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    ...
    There is no such thing as "reverse harassment", only harassment.
    ...


    Sure there is.

    It means you are harassing someone behind their back!

  5. #5
    Join Date
    Aug 2007
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    3,835

    Default Re: Reverse Harassment In Kentucky

    Quote Quoting mitousmom
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    The supervisor won't be held personally liable for sexual harassment under Title VII of the Civil Rights Act. It is the employer who is liable for illegal sexual harassment and other forms of discrimination under Title VII and the other federal EEO statutes.
    If the supervisor is named as a defendant along with the company, he can be found liable just as the company can.

    If you are speaking of damages, sure, the company/insurance carrier will pay any award against him.

    Then again, you can sue the supervisor in an "individual capacity" and not the company as a co-defendant.

  6. #6
    Join Date
    Aug 2007
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    3,835

    Default Re: Reverse Harassment In Kentucky

    Quote Quoting LawResearcherMissy
    View Post
    There is no such thing as "reverse harassment", only harassment.


    There is a doctrine of "reverse discrimination" though, where say a NON minority person sues.

    I'd have to think about it, but it could apply in a sexual harassment case?? I'd have to ponder that one a little!!

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

    Default Re: Reverse Harassment In Kentucky

    Technically, it's either discrimination or it's not.

    I know a great many sites refer to "reverse discrimination" but in actual fact it's discrimination no matter who complains.

    The confusion relates to the mistaken concept of a "protected class". There is no such thing as a protected class. There are only protected characteristics.

    Examples; to refer to women as a protected class implies that only women are protected. But it is just as illegal to fire, discipline, discriminate against or harass someone because they are male as it is because they are female. "Females" are not a protected class: "Gender" is a protected characteristic.

    Since both genders are protected, the concept of "reverse discrimination" becomes irrelevant. There is just, gender discrimination.

    I use gender as the example because there are two, and only two, distinct genders which makes the explanation simpler, but the same thing follows for race, religion, national origin, etc.

    I don't see why the same concept would not apply for sexual harassment.

  8. #8
    Join Date
    Aug 2007
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    3,835

    Default Re: Reverse Harassment In Kentucky

    Quote Quoting cbg
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    Technically, it's either discrimination or it's not.

    I know a great many sites refer to "reverse discrimination" but in actual fact it's discrimination no matter who complains.
    Hi cbg, I am talking about actual court citation cases I have read, not just a site refering to it.



    Say a white person sues when a white person fires/discriminates against, that is "reverse dicrimination", that is IF color is a basis for the complaint.

    It was noted in the case law that this doctrine is "extremely" difficult to prove.



    I use gender as the example because there are two, and only two, distinct genders which makes the explanation simpler, but the same thing follows for race, religion, national origin, etc.

    I don't see why the same concept would not apply for sexual harassment.

    I have seen some case law which addressed a "transexual" or hermaphrodite as a victim of gender discrimination. I would have to search around, but I have read some on that??

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Reverse Harassment In Kentucky

    I completely understand what you are talking about. I did when I posted. What I am saying is that, court citation or not, the term is inaccurate.

    Yes, I can see issues with transexuality being gender discrimination but now you're just picking at things. You know what I meant.

    C'mon, BOR, we're friends here. Gimme a break.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Reverse Harassment In Kentucky

    Quote Quoting cbg
    View Post
    I completely understand what you are talking about. I did when I posted. What I am saying is that, court citation or not, the term is inaccurate.

    Yes, I can see issues with transexuality being gender discrimination but now you're just picking at things. You know what I meant.

    C'mon, BOR, we're friends here. Gimme a break.

    I was'nt picking on you cutie pie. I was just pointing out I had read actual cases and they labled it "reverse discrimination", for the OP's info too.


    I know what you meant about a protected class, sure, I was just adding to the conversation.

    If you really want me to pick on you, call me late for supper.

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