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Author Topic: Need Help: Hostile Work Environment???  (Read 463 times)
10FortyBreak
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« on: December 07, 2009, 07:49:31 PM »

Let's say you currently work in a setting in which you are the only person of color.  During a staff member, your female direct supervisor (who is the highest ranking person on site) says n!gger at least 6 times in a staff meeting.  This person isn't calling anyone that word, but is basically asking why it is ok for black people to use the word and not white people.  You inform your supervisor that you don't use the word, and you don't condone the use of the word by ANYONE.  She doesn't get the point that she should stop saying that word, and uses it once more for good measure. 

At some point in the meeting gone wrong, in response to a comment about Barack vs Hillary, she makes the  comment that black women should feel more oppressed b/c they are women vs. because they are black.  She justifies this by saying that 'black men got the right to vote long before any woman did.'  She is promptly checked on her little history fact by the response that, 'well black men may have been granted that right, however, when they tried to exercise that right they got lynched.' 

Her supervisors (one of whom is black), who work across the country are informed of this incident, and basically dismiss it since she 'didn't call anyone that word.'

She is definitely ignorant and racially insensitive, but is that instance justification for a hostile work environment complaint?
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y04185
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« Reply #1 on: December 07, 2009, 09:19:53 PM »

did you tell her you were offended by that word.  did you tell her that using that word is unprofessional in the work setting.  also, her being a supervisor using that word is just as wrong if she used the word sh!t, f@ck, etc. 

you have been violated on two fronts.  a racial one and a profane language one.  the use of the word was inappropriate.  her supervisor blew it.  if your company has an eeo officer you should report it to him/her. 

if you have a union you could file a grievance. 
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10FortyBreak
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« Reply #2 on: December 07, 2009, 09:32:20 PM »

did you tell her you were offended by that word.  did you tell her that using that word is unprofessional in the work setting.  also, her being a supervisor using that word is just as wrong if she used the word sh!t, f@ck, etc. 

you have been violated on two fronts.  a racial one and a profane language one.  the use of the word was inappropriate.  her supervisor blew it.  if your company has an eeo officer you should report it to him/her. 

if you have a union you could file a grievance. 
Y, after I had time to process everything, I approached her 1 on 1 and expressed all of those things with her.  She apologized and said she didn't mean to be offensive (with a smirk on her face).  There is no EEO officer, union, or even policy on grievances
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RamMan4Life
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« Reply #3 on: December 07, 2009, 09:35:22 PM »

Document everything from now on and keep it handy. Better to have it and not need it than to need it and not have it.
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« Reply #4 on: December 07, 2009, 10:15:49 PM »

Very good advice....Y is the man when it comes to going through the proper procedures / chain of command when filing a complaint..

Ram, my parents taught me about proper documentation...Documentation is KEY nod
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« Reply #5 on: December 07, 2009, 10:49:12 PM »

What about your human resources department?  Like VG and Ram said, definitely write it up and then keep a journal with dates of events and keep it.  It will definitely be your protection against any form of retaliation or dismissal if not with the company then with an attorney.  That is really sad....but that is the predicament we create for one another when we try to make terms that represent our oppression terms of endearment...we give them license to use it.... no  Good luck 1040 hugs
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y04185
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« Reply #6 on: December 07, 2009, 10:54:16 PM »

also, if your employer has government service contracts they might be required to have a company handbook.  the handbook would have to have an eeo section.  if they do have a federal government contract try to get a copy of the contract.  especially if it is a gsa contract.  

like ramman4life said, document everything.  to include any and all witnesses.  when you talk to her one on one have a digital voice recorder.  they can fit in your pocket and record like they are out in the open.  date and transcribe all recordings.  backup your recordings.  they are the best notes you will have if it becomes a he said she said thing.
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10FortyBreak
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« Reply #7 on: December 08, 2009, 10:59:03 AM »

The organization I work for is a non-profit, with her direct supervisors being the chair of the personnel committee and the president of the org - both of whom have been informed of the situation with no action taken.
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Capler
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« Reply #8 on: December 08, 2009, 11:47:17 AM »

40 I hate to be passive on this but first and far most you need to protect yourself in such an environment.  Before you act know the lay of the land. You mentioned that her supervisor is black, and feels no harm was done. That situation should cause you to pause and thread lightly before you file a complaint. You are number 3, she is number 2, and the supervisor is number 1 in the picking order. Guess who is the odd man out if some crap jumps off? Considering the situation you described, it would be difficult to charge that she fostered a hostile work situation by making statements that made you uncomfortable, but were  not directed at you. I suggest you  steer clear of her and other co-workers personal opinions on matters of race, religion and politics. I don't get into those areas with my co-workers. Apparently your supervisor is not smart enough to keep those type of conversations out of the work place. Take the high road on this and chalk it up to ignorance on her part. Save you energies for the big battles that will surely come later.  hugs
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« Reply #9 on: December 08, 2009, 01:02:18 PM »

Rush over to your human resources dept. and file a written complaint with date, time, place, who else was present, re original mtg and the same for the mtg you had with her privately. Also rush over to your federal EEOC office and file a complaint NOW and include same info if you haven't already done so - it's better to have it on file and not need it than to need it down the pike and not have already filed it. Be sure to note on your EEOC complaint that you have taken complaint to supervisor, the sup's supervisor, and the head of the company and seemingly nothing is being done. As someone else said, if your company is recipient of federal contracts or $$, there should be some type of notification sent to the company... nod

y is correct - if you were a union member you would have automatic grounds for grievance,,, nod

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« Reply #10 on: December 09, 2009, 10:48:38 AM »

GK, I curious, what would the bases of the complaint be? With the EEOC there has to be discrimination based on race, or sex...... Yes the lady was insensitive  but I don't see where the discrimination occurred. Now if she retaliated against him for going to her boss, that would be another story. Trust me, the supervisor has already made note of it in his personnel file. Unfortunately such a notation only serves as scarlet letter when consideration is given for promotions. That in itself is discrimination but is would be very difficult to prove if the supervisor decides to give lower marks on the performance review, and is justified for doing so. Lets face it, most performance reviews are subjective; they are largely based on how well the person who is doing it likes you.   
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