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Considering going to TWC and/or ACLU about my current work environment.....

Started by jerika, June 20, 2011, 09:28:41 PM

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jerika

A few months ago a manager of mine finally crossed the line at work. For over six months now he has been asking me more and more inappropriate questions pertaining to my sexual orientation and personal life. A week never went by without a question about if a would date/sleep with this woman or is there anyone at work that was a woman that I would sleep with. The list of inappropriate comments just go on and on. The tipping point was one night said manager asks me if I would sleep with a ->-bleeped-<-. After professing my distaste for the question and asking if he even knew what a ->-bleeped-<- was he proceeded to ask me if I was transgender. When all of this was going on a feud between me and said managers girlfriend was at a peak.  The girlfriend is in my department and her boyfriend is both of our boss, and controls scheduling and hours for the both of us. After two more weeks of the girlfriend harassing me about a rumor that she had started and the manager continuing his behavior I went to the highest non-regional manager in my building. By doing so I did skip over one manager in the chain of command who brought the other manager to my location because they buddies at a previous location, so I felt that the manager that I skipped over could not be objective in dealing with the situation. When speaking to the big boss about what happened I did say how I felt threatened being transgender and that having your direct supervisor ask you if you are something that is not protected on a federal, state, county, city, or company level is very upsetting. I also explained that all I wanted out of this talk was everything to stop, and I also felt that the situation could be handled in house and for that reason I did not contact the HR department.
A week later I was pulled into the big bosses office with the boss I skipped over and I was told that everything is suppose to stop and the manager in question had been documented for sexual harassment. Two weeks later I transfer to a different section of my department which was preplanned months before any of this happened.
That was about a month or so ago and ever since the meeting said manager has purposely avoided me like the plague, which is fine by me. The girlfriend makes sly remarks and rolls her eyes in a very dramatic fashion when I walk in the door, but she is now in a different building so very minimal interaction. But the boss that I skipped over has been harassing me continuously since the incident. Although I am in a different building and different part of my department I still report indirectly to both of the offending managers. The manager that is harassing me has to purposely leave both his building and the building I am based out of to come speak to me because I now work outside, bartending and running a bar by myself that is poolside. So it is not as if I am working with him directly at all. At least 2-3 times weekly he will purposely run into while I am in his building for inventory purposes or he will just stop by my bar and no matter who is present there is almost always a off colored remark or put down for no reason almost as if he is trying to get a rise out of me to be able to reprimand me. For instance the first day my bar was open I had to pull everything needed for the bar from his building and transport it to the bar (liquor, beer, wine, mixers, equipment, ect.) and I had been there for an hour. At which point he walks up and in front of newly hired employees he asks why have I not iced down my beer and I have been here for an hour. So I explain that I had to do a complete inventory pull and his exact response in front of my co-workers was "You've been here for an hour and your beer isn't even iced down, what do I even pay you for?!?". And this is not an isolated incident, and I am far from a bad employee. My year over year sales are up over $6000 for a four week period when food sales are down, and I also increased my sales 69.24% for a three day period (Memorial Day weekend). The reason why my sales are so high is that I care about the product I send out and really do work my butt off to increase my sales, the bartender last year did not even try so her sales were terrible.

My husband has been suggesting me to contact TWC (Texas Workforce Commission) or the ACLU for the harassment and hostile work environment. But here is the kicker, I have to have knee and back surgery and will be out of work for 4 weeks and I really don't know when to take my medical leave. The sooner the better, but also that will really f@$% over my current boss, or take it at the end of the season and just deal with his bull$#it for another month and a half or so. My current boss is pushing for a raise for me and it has to be approved by the boss who is giving me crap so I almost feel like if I don't get it then go on medical leave now but if I do then be the better person for a little while longer and go on it later.

Also I do not present myself as transgender at work, only a few close people know and whom ever the big boss told when dealing with the issue with my manager. I do however present as a gay man and my regulars know and a few even gave me wedding presents when my husband and I married.
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Janet_Girl

DO you have an HR department?  Or maybe go to his boss and lodge a complaint.
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jerika

Yes I do have an HR department, which is in house. I have already broken chain of command once, and then to make an HR report. I know that is what should be next, but I am afraid of the manager saying I am being super sensitive and making his comments something out of nothing. Which I know would happen no matter who I spoke to but atleast with my company he is revered as an excellent employee and can do no wrong. I do want to long term transition on the job and I really do love my job and company. I've seen people ruin careers and good jobs for HR complaints let alone a third party complaint. I go tomorrow for a surgical consult on my knee and will schedule surgery hopefully tomorrow to. So maybe I have everything ready to tell my GM that I am leaving for four weeks on medical leave and would like to come back in a different department that I will not be reporting to the managers in question.

This is all such a sordid issue with even more variables than I have posted, all I want is for all the high school drama to stop and one day transition on the job.
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Julie Marie

So you live in Texas?  Are you familiar with the Nikki Araguz case?
When you judge others, you do not define them, you define yourself.
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JessicaH

I am from Texas as well and on the state level, there is not a single protection for us. Your only hope of legal protection would be if you live in a large city with laws for protection. 
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jerika

I work within the city of Houston, which from what I have been able to find does not offer protection. So the only protection is the discretion of my general manager. But I am also wondering if there is any protection of being asked if you are something that can be a fireable offense? And then hostility that has occurred after documentation has been made. But the harassment is now coming from a different person, but has all stemmed from the same situation.
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Julie Marie

I'm assuming you've fully transitioned and are full time and present as female?  If that is correct, you can file a sexual harassment claim.  I wouldn't even utter a single word about anything even close to transgender.  You're a woman.  Your boss is coming on to you and asking sexually suggestive questions.  Classic sexual harassment.  Just make sure you have documentable evidence and/or good eye-witnesses.
When you judge others, you do not define them, you define yourself.
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JessicaH

Sexual harrassment is illegal no mater what your gender. You have done the right thing by making a formal comlaint so I would start gathering as much evidence and doucument as much as you can with times, dates , names, witnesses.  I would seek tg friendly legal counsul ASAP before they come up with some silly reason to fire you. If you made a formal complaint, you ARE on their radar and you are a liability/risk to them.

There are zero protections for TG/TS in Texas or Houston but many business would not want the negative publicity of discrimination.

Additional resources:
www.lambdalegal.org/issues/transgender-rights/
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Ann Onymous

I've only skimmed over the post- about to head out to an initial setting in another County, so this has to be short...

The key to cases like this is to actually avoid the 'trans' issues and focus instead on the EEOC elements of the case, to include offensive conduct within the work place that IS definable.  One also has to parse the issues carefully to avoid it being classed as little more than a personality conflict. 

And yes, I do know a little something about TWC processes...we don't do many cases involving them, but I was recently able to get UE benefits for someone fired for falsification of State travel vouchers and other agency documents. 

Julie, the Araguz case would have little (if any) bearing here, even moreso given that it is not a final disposition (cases on appeal are not even precedential even within the jurisdiction where the case was filed).

To the OP, I'll look a little closer at the post tonight (or later this afternoon). 
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jerika

That is the best piece of advice I have gotten about this situation. Although I wish it was one more piece that I could add to a legal list of things that have happened at work.
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Julie Marie

Quote from: Ann Onymous on June 21, 2011, 11:58:16 AM
Julie, the Araguz case would have little (if any) bearing here, even moreso given that it is not a final disposition (cases on appeal are not even precedential even within the jurisdiction where the case was filed).

I didn't mean that it did.  I only referenced it to point out the social climate in Texas towards people labeled as transgender.  That's why I suggested avoiding anything connected to being transgender.  It's a woman being sexually harassed by her boss.  Birth gender has no bearing.
When you judge others, you do not define them, you define yourself.
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Ann Onymous

Quote from: Julie Marie on June 24, 2011, 09:53:52 AM
I didn't mean that it did.  I only referenced it to point out the social climate in Texas towards people labeled as transgender.  That's why I suggested avoiding anything connected to being transgender.  It's a woman being sexually harassed by her boss.  Birth gender has no bearing.

It really does not even have anything to do with social climate. 
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tekla

By doing so I did skip over one manager in the chain of command who brought the other manager to my location because they buddies at a previous location, so I felt that the manager that I skipped over could not be objective in dealing with the situation. 
But the boss that I skipped over has been harassing me continuously since the incident.
That guy's not going to be happy with you until you're not working there anymore.  Here's why:

In skipping him you basically said (and not just to him, but to his superiors too) "I don't think he's competent enough to do his job" and he is never going to forget that.  For the benefit of those just starting out in the world of work this is pretty much career suicide.  You realize that now both of those people don't like you.  The first because you slighted him (and people never get over that*) in 'feeling' that he could not separate their personal opinions from their business decisions.  There is a word for jobs that people who can't make that separation have, it's called 'entry level.'  And the higher you go, the more you realize its true.

Look, lots of lawyers defend people they know are guilty as hell, doctors save the lives of people who they know the world would be a better place if they were dead.  I do lots of shows for people with less than no talent (but a bitchin haircut) that totally suck like   (insert your favorite band here)  .  College professors give out 'A's to students they can't stand, and have to flunk people they really like and really know tried their ass off.

Just because they two of them knew each other (of course they do, they work together) is no reason to assume that the guy could not and would not follow corporate policy.

The second guy, his boss, (and all bosses have a boss) doesn't like you because, well, just because your sitting there in front of him when he could be, should be (and even wants to be) doing something, anything else. And because your sitting there, taking up his time, he's now it's going to have to be on his report, and he's going to have to talk about with his boss.  He's thinking: "isn't there some lower level moron who could be, should be (because it's their job description, not mine) listening to this instead of me?"  Why yes, there is.  The guy you skipped.  (who is also now going to have to talk to).  One of his underlings, and someone who might well be there because this person put them there, hired them, promoted them, but no, you're listening to it.

not protected on a federal, state, county, city, or company level is very upsetting
Well it's upsetting that it's not protected, but that's the state's fault, not the Big Bosses, and what exactly can he do about that?


IF THIS IS HAPPENING TO YOU
1. You need to document it.  Every instance (that demonstrates a pattern), You need the date, time location, exactly what was said, and who was there (Witnesses are critical).  This is the gold standard in when it comes to proving what you're talking about.  ie. such logs would demonstrate that the questions were growing more and more inappropriate.  Questions about sex are inappropriate, however dissing you because the beer was not iced down to begin with are most likely valid.



* - There is a great quote from the movie Hoffa where he's trying to explain how he deals with people, and why he does it that way,  Hoffa says:
If a guy's close to you, you can't slight 'im. You can't slight that guy. A real grievance can be resolved; differences can be resolved. But an imaginary hurt, a slight - that mother->-bleeped-<-er gonna hate you 'til the day he dies. True that, he will.  Because real grievances and differences are dealt with, but that kind of stuff just festers forever.
FIGHT APATHY!, or don't...
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jerika

A little more back story.

1.GM
2.Director
3.Manager
4.Captain
5.Me

That is the chain of command in my department. The girlfriend is on the same level as I am, boyfriend is number 3. Number 2 and 3 worked at another location together and number 2 came to my location and three months later number 3 position came open and number 2 had his buddy brought in from a different location. Number 1 is the manager that I went to about the situation with number 3 and the girlfriend. 1 is one of my biggest supporters, 3 has gone silent which is fine by me, and 2 is the one retaliating.

I raise I was up for got denied since my last post, and I have confronted number 2 in a non-offensive manor. I approached the situation in a manor to where I voiced how I felt but giving him a cop-out to where no blame was being put on him yet making it clear how things "were coming across". 2 is honestly trying to find a way to transfer me out of my location and number 1 has expressed his goals for me within this company, so maybe with time I will be "moved on" to bigger and better things.

Jerika
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jerika

News update:

I've put in for a promotion at a different location and should be getting the job! I will get an official offer by Friday!!! The offer would be close to $7000 more than I am making now to do job that is a lot less labor intensive!!!


Jerika
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JessicaH

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