Archived Why is my boss getting away with this..

[Fallstown]

So I work as a backroom team member and have for 2 years now, and we have a team leader who is over us and flow team. Well, he loves to constantly make sexual jokes to us backroom guys and even to the softline girls!

I have a good friend of mine who came over from walmart with me who is now the team trainer, and any time he is helping me with a problem in my area or just working together the team leader comes by and makes a homosexual joke or something, he has even said something that idiotic when i was at lunch break with my wife.

That's not the worse part, last year when they let us "dress up" for Halloween there was a softlines girl dressed with bunny ears, and he was joking around asking her for a "bunny job" I'm sorry but thats no way to act.

We have went to the ETL about him already and he calms down for a day or two and gets back to his old ways after. We have come to the conclusion that because we get good numbers in the backroom (always first in district and have been first in company a couple times) that nothing is ever going to happen to him to make it stop.

Any suggestions? :/

 

[The Dude Abides]

If you had been documenting this you might have a decent shot at filing a sexual harassment suit since there has been a pattern, your executive leadership was notified, the pattern continued and was not corrected. However with no documentation and little oversight on this kind of behavior from corporate there is very little you can do.

 

[commiecorvus]

Yep, your only option is to document his 'jokes' and report them.
Not just you but everyone you can get to be involved in the situation.
Make clear, concise reporting with facts, not emotions.
Times, dates, people involved, also mention when you reported the problem and the result (or lac there of).
The more details you have and more you use terms like hostile work environment, direct sexual harassment of woman and minorities, the better your chances are of this being taken seriously.

At this point though it does sound like the Hot Line is your only option.
I don't usually like to recommend it but this is the kind of thing it was created for.
Good luck.

 

[Kompa]

Record him
Show to lawyer
Sue Target
Never have to work again, or at least for a few months with the cash reward

I have a current ETL that does this, and he didn't know that I "accidentally" left my phone video recording a few times. No one knows I have the recordings of his sexual harassment but whenever i decide to quit, i may just show it to a lawyer and see if i have a case. It's legal to do this in my state

 

[thetargetman]

document everything and ask the others to do that as well. if you can show a pattern of this behavior and that it is affecting job performance you can take it to the ETLs and if things still do not change than call the hotline.

 

[The Dude Abides]

Record him
Show to lawyer
Sue Target
Never have to work again, or at least for a few months with the cash reward

I have a current ETL that does this, and he didn't know that I "accidentally" left my phone video recording a few times. No one knows I have the recordings of his sexual harassment but whenever i decide to quit, i may just show it to a lawyer and see if i have a case. It's legal to do this in my state

It is illegal to record without consent in many states, I'm not sure what the law is in your state but it may not be admissible in court.

 

[mrknownothing]

Talk to your ETL-HR and STL. If nothing changes or it gets worse, then call the Hotline.

 

[Deli Ninja]

It is illegal to record without consent in many states, I'm not sure what the law is in your state but it may not be admissible in court.

It sounds like jb is in a single party consent state... meaning that so long as jb consents to being recorded, he can record his conversations or someone else (who he has expressed consent to) can record the conversation. That's how I understand it, anyway (only did a little research, and not terribly recently).

 

[The Dude Abides]

Like I said it's possible but it depends on the state and he should really get the opinion of someone licensed to practice law in his state before attempting this.

 

[judgemental]

I had a problem with a former GSA like this. We had gotten pretty close, close to the point where he would joke around. I didn't mind at first, it was whatever but he eventually started calling me names like "f*g" and then would try to cover it up. I never reported it though and it's probably too late now as he gave up his GSA position to be a regular team member.

 

[Kompa]

It is illegal to record without consent in many states, I'm not sure what the law is in your state but it may not be admissible in court.

It's not illegal to record yourself and just "happened" to catch someone sexually harassing you and no logical jury would dismiss that.

All you need to state that you're recording yourself. Someone else busting in and calling you a fag or groping you won't change that. Any lawyer would take that case

 

[oath2order]

It's not illegal to record yourself and just "happened" to catch someone sexually harassing you and no logical jury would dismiss that.

All you need to state that you're recording yourself. Someone else busting in and calling you a fag or groping you won't change that. Any lawyer would take that case

Except if you happen to be recording someone else at the time you're recording yourself, that can fall under the recording consent laws.

 

[tgtguy]

HOTLINE, HOTLINE HOTLINE....call and report and when you call tell them you will keep calling until something is done. A call to the hotline will bring this issue to the attention of your dtl and beyond even beyond that .

 

[TallAPGuy]

It's not illegal to record yourself and just "happened" to catch someone sexually harassing you and no logical jury would dismiss that.
All you need to state that you're recording yourself. Someone else busting in and calling you a fag or groping you won't change that. Any lawyer would take that case

Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. (Notes: (1) Illinois' two-party consent statute was held unconstitutional in 2014; (2) Hawai'i is in general a one-party state, but requires two-party consent if the recording device is installed in a private place; (3) Massachusetts bans "secret" recordings rather than requiring explicit consent from all parties.). Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people. In some of these states, it might be enough if all parties to the call or conversation know that you are recording and proceed with the communication anyway, even if they do not voice explicit consent. See the State Law: Recording section of this legal guide for information on specific states' wiretapping laws.

If you are in a "two party state," you do in fact need the consent of both parties to record in a non-public place. In California, for example, if you knowingly and willingly record a conversation that is recorded and know that the other party is unaware that the conversation is recorded, you can actually be charged with a crime if it is brought to attention, let alone it being inadmissible in a court of law.

 

[Kompa]

Then you're both screwed but the sexual harasser is screwed more.

Though it doesn't matter to me personally since I don't live in those states