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  #1 (permalink)  
Old 05-19-2007, 12:11 PM
Junior Member
 
Join Date: May 2007
Posts: 1
Default Is this wrongful discrimination

Here is a situation that was brought to my attention.

A new employee who is an assistant manager was recently moved into a new retail store. Once this person started at the is store is was evident that his coworkers and superiors had very open dialoge with this new member. Topics ranged from (homosexual ideolgies, *** life, personal life etc) As this new employee settled into the store, the typical conversation with other store associates typically were among the lines of jokes, innuendos and personal life topics. After about a month at this new store. One member of the staff took offence to a comment this new manager made. This new managers comment was consistent with the topics that were normally talked about since the very first day on the job. The offended person was also clearly previously interested personally with the new manager but the new manager was not interested in the person. The manager was accused of pinching the this person who complained. It was revealed on camera that this did not occur.

Human resources became involved and determined that partly the environment has made in uncomfortable for the new manager to work and transfered the new manager about one and half weeks after the incident. Furthermore, about a 3 weeks after the investigation started and two after the transfer the manager was given a written warning that the managers behavior was harrassment and several members of the store took offence. The accussed was told that he did not lose his job because the environment was partly to blame and partly caused his behevior. The accussed was also informed by a superior that he the official reason for his transfer was that the store could not support his salary.

Need some advice here.

What are the legal opinions in this situation?
In any was is this person wrongly accused of harrassment?
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  #2 (permalink)  
Old 05-19-2007, 03:26 PM
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Join Date: Nov 2006
Posts: 1,389
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Default

Quote:
Originally Posted by pagemaster View Post
Here is a situation that was brought to my attention.

A new employee who is an assistant manager was recently moved into a new retail store. Once this person started at the is store is was evident that his coworkers and superiors had very open dialoge with this new member. Topics ranged from (homosexual ideolgies, *** life, personal life etc) As this new employee settled into the store, the typical conversation with other store associates typically were among the lines of jokes, innuendos and personal life topics. After about a month at this new store. One member of the staff took offence to a comment this new manager made. This new managers comment was consistent with the topics that were normally talked about since the very first day on the job. The offended person was also clearly previously interested personally with the new manager but the new manager was not interested in the person. The manager was accused of pinching the this person who complained. It was revealed on camera that this did not occur.

Human resources became involved and determined that partly the environment has made in uncomfortable for the new manager to work and transfered the new manager about one and half weeks after the incident. Furthermore, about a 3 weeks after the investigation started and two after the transfer the manager was given a written warning that the managers behavior was harrassment and several members of the store took offence. The accussed was told that he did not lose his job because the environment was partly to blame and partly caused his behevior. The accussed was also informed by a superior that he the official reason for his transfer was that the store could not support his salary.

Need some advice here.

What are the legal opinions in this situation?
In any was is this person wrongly accused of harrassment?
Rewrite your posting using "I" or "ME". The third party posting is too hard to figure out. You are asking for legal opinions regarding what part of the situation? Try saying "I started working at Company X and an employee accused me of sexual harassment because of comments I made that I felt were not inappropriate, based on past conversation with these coworkers." Then ask specific questions like "Was I wrongly fired?" You use references like "this person wrongly accused"---what person? If you want a succinct answer, write your posting clearly.
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  #3 (permalink)  
Old 05-20-2007, 02:50 AM
Senior Member
 
Join Date: Nov 2006
Posts: 456
Default

Quote:
Originally Posted by pagemaster View Post
Here is a situation that was brought to my attention.

A new employee who is an assistant manager was recently moved into a new retail store. Once this person started at the is store is was evident that his coworkers and superiors had very open dialoge with this new member. Topics ranged from (homosexual ideolgies, *** life, personal life etc) As this new employee settled into the store, the typical conversation with other store associates typically were among the lines of jokes, innuendos and personal life topics. After about a month at this new store. One member of the staff took offence to a comment this new manager made. This new managers comment was consistent with the topics that were normally talked about since the very first day on the job. The offended person was also clearly previously interested personally with the new manager but the new manager was not interested in the person. The manager was accused of pinching the this person who complained. It was revealed on camera that this did not occur.

Human resources became involved and determined that partly the environment has made in uncomfortable for the new manager to work and transfered the new manager about one and half weeks after the incident. Furthermore, about a 3 weeks after the investigation started and two after the transfer the manager was given a written warning that the managers behavior was harrassment and several members of the store took offence. The accussed was told that he did not lose his job because the environment was partly to blame and partly caused his behevior. The accussed was also informed by a superior that he the official reason for his transfer was that the store could not support his salary.

Need some advice here.

What are the legal opinions in this situation?
In any was is this person wrongly accused of harrassment?
Personally, I don't believe the person was wrongly accused. The workplace is neither the time nor the place for the kind of conversations you've described. You don't know for certain those conversations were ever "okay" with the person; it could well be they never voiced their dislike simply for fear of retribution. Regardless, no employee should be forced to endure what they consider is an offensive situation simply because "it's always been that way."
There are federal laws against sexual harrassment, regardless of gender. What others once regarded as normal, everyday conversations (such as the ones you've indicated above) simply shouldn't be tolerated in a professional workplace, in my opinion. What you choose to discuss on breaks, or lunchtime or other "out of the office" time is your perogative, but in my opinion, definitely not during working hours and definitely not while in close contact with other employees. And yes, in my opinion, I believe the only answer to an obviously uncomfortable situation was to defuse it as quickly as possible...to separate the parties involved.
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  #4 (permalink)  
Old 10-03-2008, 12:09 PM
Senior Member
 
Join Date: Aug 2008
Posts: 312
Default

Amen!
The fact that that kind of conversation was coming from a person in management made it all the more threatening to the staff. The Assistant should learn to keep his/her mind on business and mouth shut on anything political, religious, or sexual. Where is your HR department? Have you never had classes in harrassment?
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