I was harassed for ten months this included the time that I reported my harasser, but nothing was done to stop him from harassing me. I went to the EEOC and twenty days later I was brought up on charges of time abuse and later fired from my job. I was told by my lawyer that I can get my job back, but without any compensation. I felt that that was unfair and I refused the offer, because it would do me no good to take that offer and not have any means of transportation to and from the job, which will cause me to lose the job again. My main question is; am I entitled to my back pay if the job know that they wrongfully terminated me? Your response will be gratefully appreciated. Jackie

You are entitled to back pay if you were ready, willing, and able to work during that period. If you had no means of transportation and could not have worked anyway, then you are not entitled to back pay.

The entire incident was witnessed by another employee, but that person will not come forward and tell what he saw. This incident was reported to the HRM who, supposedly, initiated an investigation. I spoke with an EEOC agent and was told that I may have a difficult time proving my case since the only witness will not speak up. What other recourse do I have?

The organization seems to have taken a very nonchalant approach to my claim while I have been experiencing a serious emotional dilemmna between forgetting it – letting it go – or take action and stand my ground. I have filed a sexual harassment claim against the employee and am now waiting to speak with the company president.

I understand what you are going through. I had a guy expose himself to me at work and the company ignored it. I still to this day wish I would have taken action. What you want is retrubution. An apology. For the guy to be repremanded for what he did. And the company seems to think it was no big deal. Meanwhile you are the one that has to deal with the emotional scars. And no, you weren’t raped – but you were VIOLATED! Until it happens to someone they don’t know how it feels.I say don’t give up until you get an apology in front of his boss. You probually don’t have a case base on one isolated incident but he should be put in his place and at least suspened from work without pay for a period of time.

kind of places to work? Honestly?

you rikey when the ladies call you tiny???

I’m about to have an interview at a company. I am male, but I’m growing my hair back out and both ears pierced. I plan to remove my earrings before the interview and dress conservatively.

Can a company legally demand of me to cut my hair and remove my earrings, when women are allowed to have both?
Isn’t this a prime example of sexual discrimination?

I had very long hair all my life, and recently cut it and was severely unhappy about it afterwards.
Also yes, that is me in my avatar picture.

Most company’s are At Will employers. That means technically they can, not hire you or fire you based on your hairstyle or jewelry.

Try finding a company that is Gay friendly, there are tons of them.

If you leave a job because you filed sexual harassment and your supervisor and other management retaliated & intimidated you (the EEOC says you have a valid case), what do you say to the person interviewing at the next job when they ask "Why did you leave?" or "Why are you leaving?"
The harassment case is pending, and I was told by lawyer and EEOC it was ok to leave the job now and find a new one.

Imagine you are on a first date and your date tells you that he was accused of rape, but the judge and jury found him not guilty. How would you feel about the guy? Even though you may tend to believe him, you don’t really know him that well. Now if it came up many months into your relationship and he felt it was time to tell you, then you’d understand, right?

Same thing goes for interviews. Sometimes the cold hard truth isn’t best to say. It’s never good to lie in an interview, but in this case I would tell a white lie. You don’t want to air your dirty laundry in an interview. Even though your claim is valid and even the EEOC agrees with you, this isn’t good to bring up.

So make something up that sounds standard. Like you were not challenged in your previous job. Or you wanted a shorter commute (or you are thinking about moving to a different area and therefore want a shorter commute). Or you just felt a bad vibe within your company (you didn’t know if it was management or corporate culture, but you never felt comfortable – hey, this sounds good). Let’s say you then get the job. Then after some time when your case is closed, I’d go to your manager and tell them the truth. If your performance is great, I think they will understand.

Anyway, best of luck to you.

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.

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.

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.

I contacted my bosses boss and made a statement on the 29th..I’m a guy and my boss is a guy..he had made numerous advances on me..even after saying no before..this includes..told I look sexy, I smell good, being kissed on the neck, my ear licked, fondled, he even went as far as to put my penis in his mouth while out marketing one day..and said their was a sexual attraction between us and I told him no..I didn’t know what to do..I didn’t want to lose my job because I’m married and have two kids so I feel like I couldn’t up and quit because I have them to support..I wanted to beat the shit out of him but then I figured I would go to jail..I haven’t told my wife cuz I know she would flip. I was very uncomfortable about everything that went on and reported it to my bosses boss..and it seems all he is getting is a stern talking to and I’m having to be transferred to another store…I don’t feel this is right..what should I do..contact Police, EEOC, a lawyer(don’t have the money for that)..please help me with some answers! This is tearing me apart from the inside out!

what a pile of BS

Last night, a frequent late night customer to my restaurant came in. Many of the servers feel uncomfortable around this man. He sits by himself (requests his same table and will wait as long as it takes) and just stares at everyone for around two hours while he eats very slowly. I always take his table because I usually close the restaurant and do it as a favor for whoever is serving in that section.

This man told a host and then a manager that he didn’t want to sit in my section because I’m gay. My manager treated the man like a king and let him pick his table and server and walked him over. He then told the server that he was glad he didn’t have me because the server he usually gets is gay.

Does this violate LAD law in NJ? Since this is sexual in nature, offensive, and makes me feel uncomfortable, can it be defined as sexual harassment? Is my employer able to allow this discrimination?

http://youth.eeoc.gov/gender2.html#Q1
http://www.state.nj.us/lps/dcr/employ.html#hostile
Added on because of some of the comments:

For all he knows I might not even be gay. I doubt most of the other servers even know I am. It would have been just fine if he said that he didn’t want me to serve him because he doesn’t like me, but the fact that he can discriminate and my manager encourage it is where the problem is.

If I went into a restaurant and said that I didn’t want a server based on race, religion, or anything else, I would probably be kicked out. That is my point.

Has his comments really upset you to the point of wanting to press charges against him because he’s prejudice. Just from the beginning of your post, he sounds like a "not right in the head" man who likes the restaurant.

It wouldn’t be defined as sexual harrassment. He did not complain that you were a man server, nor did he try to physically come on to you. He made a comment about your sexual orientation, he’s prejudice.

No, your manager shouldn’t allow a customer to talk to this way about anyone on his staff. However, I also understand the uncomfortable position you are in, your manager and the other staff are in when this man walks into the restaurant.

You should have a meeting with your manager, let him/her know how you feel. I am sure they don’t know it bothers you as much as it is. Then they will be more inclined to tell this man that unless he shows respect to the servers he will be asked to leave the restaurant, not to return again.