How does being sexually harassed constitute discrimination?

[undeterred]

Writing an answer for the Equal Rights Officer today!

[Scuba]

1. I could argue that it does or doesn't, depending on circumstances. n/t

[phleshdef]

2. Well, if there was any retaliation or legit reason to fear retaliation...

...from a management superior that was engaging in sexual harassment, then theres a clear cut argument for discrimination in that case for sure.

There are likely other examples. But all of them would be largely along those lines I'd say.

Not all sexual harassment is a form of discrimination.

[undeterred]

4. Actually I misread his question.

Question is whether the discharge was discriminatory. This is much easier. This is great. I have 26 pages of lies that I get to respond to!!

[glowing]

3. This needs more information. Basically, did some form of discrimination occur

due to the sexual harrassment.. ex: declining to sleep with the boss kept you from an advancement or was a cause for a "demotion" or "write ups" for "behavior" issues to cover their ass to make you look incompetant. If you were just sexually harrassed; i.e., overheard a crude joke or were sent an inapropriate work e-mail, and it did not result in any sort of actual work place discrimination, only made you uncomfortable with the content of the harrassment, then its not discrimination.

[undeterred]

5. The other long post in this section is mine.

Basically, co-worker was promoted to supervisor. Decided that gave him the right to expect sex from me. I was a contractor. When I declined he made life miserable and he reported me for being uncooperative, made up lies about me, I lost the job.

[glowing]

9. So you were discriminated against because you wouldn't have sex w/ the super.

That sucks.. Its hard enough these days to keep up in the corporate grind of the world.. to add little assholes to the mix sucks even more. I'm sorry this happened to you.

[mzteris]

12. it's discrimination if you complain

and are targeted because of it.

[spooky3]

14. yes - there are cases where retaliation for complaining or filing a charge is found even where

the agency or court doesn't find sufficient evidence of the discrimination that led to the complaints.

So OP, be sure to document this too, including dates when events occurred. The closer in time of your complaints to mgt. or to the agency, and the adverse employment actions (as in the company documents, or in your firing), the easier it is to show cause-effect.

[spooky3]

13. that's partly true - more recent cases have established that there can be

hostile environment discrimination (not a single joke, but lots of them, or at least one severe sexist action such as an assault) even without a quid pro quo (e.g., as in your first sentence).

Also, more recent cases show that you don't have to have actually lost a job or experienced a tangible bad outcome in order to have been victimized by quid pro quo harassment (e.g., if the boss just threatened you with an adverse action if you didn't capitulate, or promised you a favor if you allowed the sexual contact, but didn't actually do either, you may still have a case).

http://www.law.cornell.edu/supct/html/97-569.ZS.html

OP, if you go to the library and look through good, recent texts in human resources management, there should be a section on the current status of sexual harassment legal cases, written in language a layperson can understand. There will be citations to sources that you can further research.

One key purpose of the EEOC and state equal employment agencies was specifically to provide the opportunity to get cases heard without an attorney, because the Congress knew that individuals often couldn't afford attorneys to the extent that many employers can. There should be info on the EEOC / DOL website that can indirectly help you set up the letter by showing you what to emphasize that is relevant to research cases too.

[wryter2000]

6. Sounds like you're doing just fine

Any serious harassment would affect your job performance and, therefore, cause you to be less valued. I agree that a sexist e-mail gone astray wouldn't rise to that level.

[undeterred]

7. Everything was done behind my back

but I found out about all of it in their response two months later. Now I get to respond to all the lies. This part actually feels good, because it can be proven that these are lies.

[JDPriestly]

8. Good heavens! Ask a lawyer.

Don't ask people on DU. Nothing against DUers, but no DUer who is a lawyer worth a grain of salt is going to advise you on DU based on no knowledge of the facts. The only DUers from whom you will receive responses are either nonlawyers or lawyers telling you to seek advice from a lawyer.

Lawyers study and work for years so that they can answer questions like yours. Call one. Some of them may give you free advice on the first call.

[glowing]

10. I see someone suggested a lawyer. I would seek out a lawyer for this.

They will get their money from winning a suit against the workplace. You really should have a professional filling in the question form. You want to give enough info to respond, but not enough to be twisted harmfully back at you. Call around to a few places. I'd really let them deal with this... Just your having a lawyer and a firm behind you says to the company that allowed this workplace environment that this issue is very serious. AND if you have friends still on the inside, they would probably be able to confirm to you memo's and training for the staff about harrassment and such to cover future liabilities.

I would fill in your answers to that questionaire.. and bring it to a lawyer. Let them assess the case. I don't think they will take it very serious if you don't have legal representation in your corner.

[undeterred]

11. Hello, I'm unemployed.

I lost my job over this. Lawyers are expensive. Get it?

[spooky3]

15. see my posts above for how you can use free resources at the library and online

This may be a useful summary--but check also for more recent cases that are relevant to yours:

http://www.hr-guide.com/data/A07201.htm

Also - the usual caveat - I am not an attorney so not able to offer legal advice. This topic, though, is related to the work I do, and that's how I happen to know a bit about it.

[undeterred]

16. Thank you.

I think the unusual part of my situation is that I was a contractor harassed by an employee who was my supervisor at the employee's company. The company is now denying that he was my supervisor. The agency I worked for was so small that, of course they did not have the resources to do an investigation. All they care about is pleasing the company anyway, so their only interest was in replacing me, not in defending me. The company's own investigation was, of course, a sham.

I've given a huge amount of detail to the EEOC and Equal Rights Officer, now that I know what went into my termination, which was definitely a retaliation for refusing to have sex with my supervisor. I guess I would really love to see that these agencies work- that the little person really does have somebody standing up for them. Just mailed them a huge packet this week so, we'll see. And I am shopping for just the right lawyer.

[spooky3]

17. The company's liability is greater when the harasser is a supervisor rather than

A peer or co-worker (see the Ellerth case re: why). That's probably why they're now trying to claim otherwise. they're running scared and I hope that's a good sign and that you get an excellent settlement offer.

[undeterred]

18. He's an immature idiot.

He was passed by for every (supervisor) job he applied for until my manager (who is also quite immature) created the position for him. He told me he expected sex from me during his first week as a supervisor. I thought they would yank the promotion from him as soon as I reported what he did, but instead they made up lies to protect him. Corporate ethics.

[spooky3]

19. Stay strong. It's unfortunately way too common for them to take care of their buddies

Rather than to do the right thing.

Look at the pedophile priest scandals, as one example.

But it's still a shock when you thought you were a friend, worked hard for the company, and that they actually believed in their own ethical statements.

[Feldspar]

20. You are not the "little person"

you are a woman. And the male corporate structure will always manage to send you packing one way or another.

Here's to wishing that these couple/few months later that things are going better for you than I expect they have. :pals: