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  • How would you handle being discrimnated against by a employer’s sexual preference?

    Posted by admin on December 26th, 2009 and filed under eeoc sexual | 5 Comments »

    I recently applied at a restaurant in hopes of working my way up to their bar. 7 years previous exp. all from the same employer. I looked forward to my interview. During the interview I was asked of my previous endeavors to secure any other job. I told him that I had applied at a bar who’s target market is the homosexual community and said I was uncomfortable around the bar because "everyone was being pinched in the butt and I wouldn’t be able to work with that going on.." He then proceeds to tell me I entered "THEIR WORLD and didn’t expect to endure any changes!?" He is a homosexual I assume.

    My question is simple: Should a gay manager in charge of hiring be allowed to subject his personal opinions to hiring because he believes working in a gay bar includes inherent traits of sexual harassment? Or should my personal privacy take precedent and have sway over my objection to work there?

    I filed a complaint with the corporation and am thinking of filing a charge with the EEOC.
    After the conclusion of the interview, I re-entered to obtain his name and job title. I then acquired as to his seriousness of the possibilities as to my hiring. I, of course, already knew his response.

    Each of your answers that revolves around his sexual preference not being a factor are incorrect. When I talked to him again and stated that I felt I was being discriminated against for unjust reasons his rebuttal was "You’re discriminating against me!"

    Now enlighten me, Pitbull, with your logic, how you can link my statement of work productivity and sexual harassment to discriminating against him unless he feels I attacked him on a personal level. His subsequent responses were through anger; not through a responsible management position.
    Jay D, how in the world do you justify sexual harassment as a criteria for working in a bar? I don’t mind getting pinched in the butt. But I do mind men that I do not know indulging in their own fantasies and wants without my permission. Basic human nature dictates this.

    Each of the replies I receive that tell me what profession I should chose or not chose based on the severity of sexual harassment are ridiculous and hold no merit.

    You should file with EEOC, your personal privacy should take precedent know matter what your sexual orientation is. It would be just as crazy if an employer that was straight would not hire someone who was gay. What this manager did clearly is outside of legal boundaries and the statement that was made during the interview was illegal as well.

    Fair employment laws?

    Posted by admin on December 26th, 2009 and filed under sexual employment | 7 Comments »

    this morning at my place of employment one of my patients came running into the kitchen pulled out his penis and started to self gratify himself..telling the other staff "come here, hurry, hurry, come here now!"

    no this is not a joke..it shocked the heck out of us. I called the emergency contact and told them what happened and what were we supposed to do in a situation like this..she said "deal with it, if he wants to have sex with someone in front of you, you have to deal with it"

    I don’t think this is right..so i called my "big boss" and asked him..he said all female staff is going to be pulled out as of this afternoon

    my husband says we have a possibility of a sexual harassment lawsuit..i’m wondering is that true considering something of similar situation happened the day before and nothing was done about it?
    it’s not a mental institution..it’s supported living services..
    the situation that happened prior to what happened this morning was reported…so my reporting is actually the second PLUS the girl that it happened too..

    For starters, you need to make it known to your bosses that you do not condone this behavior. Then, if they don’t do anything about it, it becomes the responsibility of THE COMPANY, not just the individual, next time it happens.

    How long should you wait before getting sexual in a relationship?

    Posted by admin on December 26th, 2009 and filed under sexual | 3 Comments »

    Now by that I don’t just mean sex, because I am a virgin. But I mean the foreplay and other stuff as well. Me and this guy have been seeing each other for about a week now. Just about everyday. We both know it’s too soon to do anything. Mainly because we genuinely like each other and we don’t want to ruin anything by moving to fast.

    But there is this incredible sexual tension between us haha. So I want to know when is the best time to start getting physical?

    I don’t think that there is neccessarily a right time. You will know when you are ready. There are other things you can do to relieve some of the tension, things that will bring you together spiritually first. Afterall, intercourse isn’t the only way to be intimate! Dr. Laura Berman has some great columns and books available. You may want to google her…

    What happens if you miss a high school orientation?

    Posted by admin on December 26th, 2009 and filed under orientation | 2 Comments »

    I have this high school orientation a few days away, but I’m not sure if I’m able to go. If I miss it, do they send me the assignments and whatever for the summer? Is it a big deal?

    I don’t know about your situation but, I missed out on chances to sign up for extracurricular activities and important information.

    i just asked if you would sue for sexual harrassment part 2 of my question?

    Posted by admin on December 24th, 2009 and filed under eeoc sexual | 1 Comment »

    when i quit my job i applied for unemployment and of course i was denied so then i appealed it. well during the hearing I spoke to the judge for what felt like forever and told him everything (my side) on the other line was the HR person for the company. The judge asked her if she was aware of the sexual talk and how unhappy and uncomfortable i was about this.. I had reported it 4 times in 7 months. HR responded " yes we did know" judge asked what did you do about it? HR answered we had a line meeting and told people not to talk that way.. They were aware of every report I made and the harrassers were never I have since requested a copy of the tape of the hearing . and yea I also qualified to recieve my unemployment because of this.. this is just some of the facts dont want to bore you all with all the details. but do you guys think this is enough?
    and if i did hand this over to EEOC what would they do about it?

    Yes, I think the fact that you successfully appealed for unemployment will go a long way. I believe the EEOC will take this case seriously and investigate. You can bet if you’re entitled to damages, they will get them for you.

    Good luck.

    Can a company fire you for not signing a statement that is not true for them to win a lawsuit?

    Posted by admin on December 24th, 2009 and filed under sexual lawsuit | 4 Comments »

    I worked for a company that is now involved in a class action lawsuit. They are being sued because they did not inform you when you are hired that if you take a day off. Sick, etc.. even if they OK it they take 10% out of your commission plus you do not get paid for the day. You only earn 5% commission so it is tough. They are also being sued for sexual harrassment. I have friends who still work there and the boss came in one day and told the Manager to tell them to sign the papers or they would not have a job. When someone asked to clarify " if I don’t sign I am fired the owner said "yes" . I thought this was illegal. My friends signed because they have families and depend on the job. What can they do?

    I think the answer is obvious, here. No, they can’t "make" you sign a document under the threat of losing your job. That’s extortion. Second, I don’t know why any of you are surprised by this move considering their history. In effect they’re telling you, I’m going to lie and you’re going to swear to it. I’m pretty certain the labor department, not to mention the courts deciding this class action suit, would take dim view of this practice. It’s obvious too, that the people working at this place who signed the document are unaware of their rights and the penalties for perjury. If there’s ANY way to find out the name of the attorneys/law firm handling the current suit against the company, I would contact them and see what they can do to stop this.
    I realize your jobs are very important to all of you, but think how much better it would be if your employer actually followed the law. Good luck to all of you.

    What’s the risk of requesting unemployment after being wrongfully terminated?

    Posted by admin on December 24th, 2009 and filed under sexual employment | 9 Comments »

    A small business employer grabbed my arm (more like in a mean way, not sexual), we had no witness, and when he heard through other employees, he denied it, told me and rest of staff that I’m lying and cannot be trusted anymore so either I leave or they will make me leave. So I chose to leave and they had me sign a statement (not in my handwriting) that I’m resigning to seek other employment. Will this statement deny me of unemployment income?

    I urge you to take them to court and get your benefits!!!!

    The employer had you sign it so that their workers compensation insurance premium would not increase. Since you signed the statement the employer obviously felt you had "sufficient grounds" to take action and "quit". He thought he was covering his butt, a sleazy move on their behalf and the judge will see that. Why sign anything unless your boss was hiding something? Get my point? Your signing only means that the employer obviously felt you had sufficient motivation to leave and felt intimidated.

    Your initial claim will be denied. This is not the end of it. You are entitled to your insurance(since you pay for the insurance like it or not every month out of your check). You will be granted a hearing. As soon as they hear about them making you sign something coersed or not, they will decide in your favor. Take them to court. My neighbor Nick was pressured in the same manner as you, quit and had to go to court to get his benefits. He won!

    The paper you signed is worthless. Who knows what motivated you to sign it. REGARDLESS, Some employers can be really intimidating. If your old company wants to play dirty, play dirty- Tell the judge he threatened to withhold your final paycheck until you signed. Get your benefits, ok?
    Please write me back and let me know what happened, ok? I wish you all the best and I am sorry for what you are going through. I mean its tough enough finding a job!!!! God bless you and good luck.

    williamhilow@yahoo.com

    What happens if you accidentally send sexual content to a minor?

    Posted by admin on December 24th, 2009 and filed under sexual | 3 Comments »

    Lets say you’ve been talking to someone online I.M email etc and they claim to be over 18 . You end up sending them sexual content pictures or stories and a week later they tell you that they are actually 15 years old.
    What is the best thing to do? Obviously stop contact with the person all together would be number one.

    Trouble has come your way..one should never send out such things in the first place..you will end up in jail..

    Is this sexual harassment?

    Posted by admin on December 22nd, 2009 and filed under eeoc sexual | 2 Comments »

    my aunt just called and she said, she overheard her supervisor (a man) say to a co-worker (a female) "oh you’re pregnant, can I feel your tummy". That’s it. Nothing dirtier or sexual.

    My mom and aunt both say yes it is to both my aunt and the co-worker. I’m not sure if it is, but I did go to the EEOC web site and read what they said. And I agree with it, but my question to you guys is, from what the super said, it *that* harassment?
    According to the EEOC, it is sexual harassment, "the victim does not have to be the person harassed but could be anyone affected by the offensive conduct".
    Now I didn’t have the whole story, but this isn’t the first time this super has said "real" sexual stuff to other women. My aunt has reported him.

    It’s certainly unprofessional!

    Most companies have their own sexual harassment definitions and policies. Encourage the co-worker to explore those.
    By most standards, it is harassment and, if it made the co-worker uncomfortable, they should definitely speak with the supervisor’s supervisor.

    what happes if my attorney misses a deadline to file a lawsuit?

    Posted by admin on December 22nd, 2009 and filed under sexual lawsuit | 3 Comments »

    so my attorney missed the deadline on a sexual harassment case i had against my former employer. I was told by friends that it’s a "legal malpractice" and that i could go after my attorney, is that true? How do I know how much my lawsuit was worth? Thanks a lot for any info cause i’m lost=)

    It is malpractice to miss a deadline. If you had a sexual harassment case, your attorney probably missed the deadline to give notice or to file the lawsuit. It really doesn’t matter which; deadlines like this cannot be waived. No one can tell you what your lawsuit is worth. The lawsuit against the attorney is worth the amount you could have recovered for the sexual harassment. Therefore, if you sue your attorney, the Court would have to determine how much you were likely to receive if you won the sexual harassment case. IF your attorney carried malpractice insurance, his insurance carrier will offer you what it thinks the sexual harassment recovery would have been. While I know you’re probably sick of lawyers, call your state bar office and get a referral to an attorney who specializes in suing other attorneys. There are lots of lawyers who have this type of specialty. If your sexual harassment lawsuit was well-founded, your recovery would be high. If it was a weak sexual harassment case, you’re looking at a lower recovery.