QUESTION
Is this sexual harassment or grounds for legal action at all?
Asked on Apr 14th, 2014 on Personal Injury - North Carolina
More details to this question:
I work in retail. I’ll be working alone on Easter. We are supposed to close at 12 pm. The owner was informed by both me and my manager that I would work the holiday alone but if he decided last minute to stay open later, he would have to find someone else to work. I agreed to work until close at 12, not later if he decided to remain open. His response to this was "Oh, does she have to go to church?" And he laughed. My manager said yes, and his next response was "well, why, she likes girls, she’s already going to hell anyway". This isn't the first time he’s made rude comments.
8 ANSWERS
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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Currently, there is no statewide protection from employment discrimination based upon an individual's sexual orientation. Some local governments have passed local ordinances that prohibit such conduct so whether or not you would be protected from such discrimination depends on your specific location. There is also the question of whether or not you have been discriminated against at all if only rude comments have been made. Please feel welcome to contact me if you need more information, are interested in representation, or if you just have a question. I hope this has helped and I wish you all the best.
Answered on Apr 15th, 2014 at 8:16 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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While inappropriate, sexual harassment must be either severe or pervasive. That would not be severe. It may be pervasive depending on how often he makes the other comments you allude to. More info would be needed.
Answered on Apr 15th, 2014 at 1:16 PM
Ronald A. Steinberg
Is it actionable? I don't think so. Is it stupid? I really do think so. If you are a religious person, then preventing you from attending your house of worship is really dumb. The comments are also dumb, but unless he creates a hostile work environment, or prevents you from equal pay or promotions, etc because of either your religious beliefs or what you do in the privacy of your own bedroom after work, there would probably not be a big enough case to pursue.
Answered on Apr 15th, 2014 at 11:32 AM
James Eugene Hasser
Yes, it may be, but I don't know what it would be worth since your damages are non-economic. Presuming the Civil Rights Act applies, you have 180 days to file a complaint with the EEOC. They will investigate and give you a right to sue letter. You cannot get into court without that letter. You may also want to consider consulting an experienced injury lawyer familiar with civil rights claims.
Answered on Apr 15th, 2014 at 11:02 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Rudeness by itself is not actionable.
Answered on Apr 15th, 2014 at 11:02 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Certainly his comment was injudicious and foolish, but I do not believe that would support a legal action for two reasons, one in most states sexual orientation is not yet a protected class, and two it does not appear that you won't find any significant damages caused by the infraction. If you disagree or have other undisclosed facts, see an attorney.
Answered on Apr 15th, 2014 at 10:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It may be sexual harassment. File a complaint with the EEOC.
Answered on Apr 15th, 2014 at 10:29 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't have any idea what any of this means. Keep a record of all such statements in case you need to prove them later. seems like you don't like these folks and they don't like you. why don't you find a place to work where you are appreciated.
Answered on Apr 15th, 2014 at 10:19 AM