Could this be considered sexual harassment?

Question

I just started working as a management trainee about 3 weeks ago at Taco Bell and I'm really have a problem with this one manager there. She has had a poor attitude towards me the whole time and is very disrespectful and moody.

I've had complaints that I give her and the other managers an attitude when I am asked to do something, so today I decided to write down everything she said to me so that when she complains about my attitude I have a whole log of stuff she has said to me.

When I got home to review it I noticed a lot of things in there that are inappropriate to say in the workplace.

I mentioned that I don't have or want a girlfriend in my life right now to another employee so she was going around telling other people that I liked guys so some of the things she said where "He probably wants to date a transvestite, We should buy you a hooker, you need to just go find your special guy. When another manager said she just had to smoke, and I said "why do you have to?" The other rude manager said "we have to smoke for the same reason you want to go find a man." She has also told me I act like an @$$, among many other things.

I don't know if this is considered to be sexual harassment or just intimidation. If it is sexual harassment what is there that I can do about it really?

The only other people working at the time were her friends so even though other people heard it, it is not like if they are questioned they will tell the truth, because they'll want to cover her ***.

What do you think would happen if I said similar stuff like that to her? If I told her she was acting like a BlTCH, called her a l***o, told her she needed to start dating female cross-dressers, etc.

Why is sexual harassment only a major problem if it is men that say it?

She is 6 months pregnant and uses that in her defense for being a BlTCH quite frequently. I know pregnant women are often moody, but will they honestly have the urge to say such mean stuff to their co-workers?

Answer 1

Absolutely!!!!  The next time she makes a smart *** remark to you IN FRONT OF another employee or manager, ASK THEM TO TAKE NOTES of this and let her know that you do not appreciate her remarks...in a stern, but NICE way.  If she apologizes or terrorizes your life from that point on, DOCUMENT and have a WITNESS.  In the mean time, finish school (Taco Bell, etc. is NO future), and get a more rewarding career. Also, what example is she making by smoking while she is pregnant....sounds lik her life is quite upset!!

Answer 2

First of all, sexual harassment isn't only a problem when men say or do things. It is sexual harassment if women are doing it, the problem is that most men do not report it. But to answer your question, yes, it could be sexual harassment. They really cannot discuss your sexuality (wether they are telling the truth, or in your case, lying about it) Don't call her a *****, l***o, etc. It will make your case much weaker. You need to contact someone higher up than her in the Taco Bell company. Since you can't really go into work and ask this woman who to talk to, I would go online and look up a phone number to call to make complaints, but be sure that you are talking to a real person and once you explain that you are an employee, they will take you seriously (rather than just a customer who didn't like their meal)

You may not get anywhere with this if your coworkers would really be willing to lie for her (which I doubt they will if this becomes a big deal, since they would get into some serious trouble) but you should definitely try. Women can't use pregnancy as an excuse for acting like that. Yes, some women do get very emotional, but it doesn't sound like she is emotional about this, it sounds like she is just a rude person. Pregnancy doesn't make you insult people. Good luck!

keep in mind: you may loose the job if you go through with this, I know technically they can't fire you for filing a harrassment charge, but you would be amazed at the # of people who magically get downsized, or suddenly get written up for coming in late after a claim like this is filed.  

Answer 3

Intimidation and/or harassment are illegal. If you are having issue, you can politely ask that she stop. Record all the times you've tried to be pleasant and a team player. If this does not correct the situation, present a copy with your complaint to your boss. If they don't do anything you may want to contact the EEO office if you have one.

Answer 4

You have no legal recourse if you don't report it to her manager. Taco Bell needs to be given the chance to resolve the situation.

Answer 5

The 4th paragraph is textbook example of sexual harassment/inappropriate behavior on her part.  Pregnant or not, there is no excuse for her behavior.   It doesn't matter that you are not g*y, it matters that she is prejudiced against people that are g*y and makes inappropriate comments and sexual inneuendos.

Look up your corporate Human Resources Manager, not just her manager, and report her at once to protect yourself in case she tries to fire you; there are laws that protect whistle-blowers and if she does fire you, at least you will get unemployment and may have a case against the company.

Whatever you do, don't sink to her level, or you only give her a legitimate reason for her, and the company to uphold its decision, to terminate you for just cause.  Continue to tell her that at comments are inappropriate and uncalled for.

Answer 6

Ah the joys and folly's of working for a giant company. Good that none of the major bosses pays attention to you that much so you can slack off for the most part -- but that's also the problem: nobody in corporate is looking at you or your employees.

At Fry's Electronics, we had that issue with a few of the customer service reps (cashiers). Many of them were making racist / sexist remarks about their co-workers in front of customers. It took a whole year along with 43 letters from employees to get the Customer Service Supervisor 1 (highest rank) among 4 of the other co-workers whom also made the same remarks fired. This was because our regional supervisor was lazy and didn't give much of a rats ***, so there was a specified time period where we had to wait until corporate would jump in.

So, people you should be reporting this question to in this order: that person who is harassing you -> Shift Manager -> Store Manager -> Regional Manager -> Corporate Human Resources. Check with store policy about time frame. The next higher level will not support you until you talk to the one level lower. And do not worry, they cannot fire you for reporting. h**l, if you're in California, you better hope they fire you. You get a HUGE cash reward from the state for being a whistle blower". All companies must have the legal notices where the mininum wages are posted. Look around for a sign talking about the whistle-blower award.