Retaliation for whistleblowing?
Is this retaliation? I think so but do you?
Thanks for our help
David
On June 12, during a staff meeting with the following
employees in attendance (names, myself and
Company Exec), we witnessed Company Exec, make two
racially and sexually harrassing comments:
1.) When discussing Mexican food, Company Exec made a hand motion of
quotes while saying “I don’t mean to say this any other way but
Mexican Food…” He said
this while looking at the Mexican employee who looked away.
2.) Later in the meeting Company Exec makes a sexist comment about the
way female coworker walked out of the room. As female coworker exited the room, Company Exec
watched her walk out and said “well it seems all her parts are working
just fine” while leering at her body.
After this meeting, my former colleague “Mike” (a fellow manager) and I spoke without
Company Exec present and both of us agreed that the behavior, comments and
looks from Company Exec were racially and sexually inappropriate for the
workplace. I then went to my supervisor (VP) and
alerted him verbally to the inappropriate behavior. At no time did I
receive any indication that anything had been done with my information
and that Company Exec had been reprimanded.
On June 15, 2008, I documented in a powerpoint presentation that I
delivered to my supervisor (VP) and colleague (“Mike” – fellow manager) that Company Name had HR related issues and I wrote I had
“Some concerns over insensitive comments I heard. Let’s discuss.
Need some HR training and management attention to this issue before it
becomes more serious.” I was worried about what would happen to me if
I documented that Company Exec had made racially and sexually
harrassing comments and gestures in front of myself and the
team as I was “the new guy” and did not want to be make waves by
whistleblowing a senior executive of the Company. As such, I
used vague language in the PowerPoint presentation.
I would have taken this issue to HR as well however the company’s
head of HR had just separated employment and there was no one in HR
that I was aware of anymore. The only person I knew was the person
that was responsible for recruiting and I didn’t feel he was the
correct person. At the same time, I felt
that my supervisor (a VP) would be sufficient in raising my concerns
and correcting the problems.
On June 22, 2008, I was in a room with another colleague let’s call him “Joe” (who reports to
the before mentioned Company Exec), other hourly associates and a new
applicant for an open position. During the time the applicant was
waiting for her interview, I observed “Joe” make inappropriate facial
and body gestures (waving arms and saying “wow she’s hot” under his
breath) towards the applicant. I immediately signaled to “Joe” to
stop. I then took “Joe” aside in the kitchen and reprimanded him for
making sexually inappropriate comments. Since “Joe” reports to Company Exec, I felt that Company Exec may have previously signaled by his words and
actions that sexually harrassing behavior was acceptable however I
would not allow that behavior. As we ended the conversation I tapped
“Joe” on the head to get him to use his head. “Joe” and I then
concluded the conversation in a joking/laughing mood. This
conversation took place in public space and the conversation was
witnessed by a couple of hourly employees and “Mike” (the
manager).
On June 23, 2008 “Mike” and my supervisor (VP) bring me into a meeting room to question me about the
events concerning “Joe” and I was released from employment
for creating a hostile work environment. Offcially, I was terminated
for causing a hostile work environment by “striking Joe”. This was
the terminology that my supervisor gave me.
In the elevator ride down “Mike” (manager) commented that he did not
expect that I would be let go and expressed surprise that I was
terminated. Keep in mind “Mike” witnessed the conversation between me
and “Joe” and he was shocked that I was terminated. Clearly I was not
causing a hostile work environment from “Mike” the manager’s view.
I then called “Joe” himself and he to could not believe that
I was terminated. He told me that he had been questioned about the
event and he made clear that “he did not feel threatened” by my tap on
his head that he told the people questioning him that we had “only
been joking”. Note that I had no knowledge of any of this and “Joe”
told me this after I had been terminated.
I requested a discussion with HR and also my VP and “Joe” to discuss my termination but repeated voicemails and emails were ignored with no response at all from Company Name. Not one single response.
At first, I simply thought that Company Name had an overblown
reaction since even “Joe” indicated that we were both joking and the
tap on his head gesture was funny and not harmful. Upon reflection, I
now see the termination for what it trul
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Is This Ilegal Retaliation Based On Eeoc Definition?6 comments to Is This Ilegal Retaliation Based On Eeoc Definition? |
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i do not believe that what you describe rises to discrimination or retaliation and as i have already answered this i will repeat for you:
“you can file a complaint with the EEOC if the actions made you feel uncomfortable. you also have a complaint due to an adverse job action being taken. the fact that you did touch the coworker will not help your case. after the EEOC takes your complaint and makes a determination you are free to proceed with private civil action if you disagree with their decision.”http://www.eeoc.gov/charge/overview_char…
click on the link to file a complaint with the EEOC
that is the only way for you to find out if this was discrimination or retaliation or not.
by the way the quote about opposition has nothing to do with whistleblowing or retaliation. this protection is for the employee who opposes the discrimination, says they oppose it and what they are legally allowed to do in opposition to the discrimination. this is totally unrelated to your story unless you are trying to tie opposition protection to your power-point presentation and even then the point fails.
I am a Mexican American, from cali. and i have seen much of this in my life. It’s nice you mad a stand.
I’m not sure i understand what he was tring to say, but that is niether here nor there.
On the sexual side. you again did the right thing.
Onca a guy kept trying to pick up on my live in girlfriend at the time. She showed me a letter, and i said.
“honey either you take care of it or i will. She told her boss and he was repremanded. I can just imagine if he would of done, or said the things you discribe.
Win or lose, you file a complaint. If you do not win. i bet they think twice before doing idiotic things as they have done.
Get all wittnesses, and paperwork. Be ready….they will be.
Luck.
Okay, after slogging through your incredibly long and detailed question, I found one sentence near the end of your first set of Additional Details that shed a little light on what happened; You said you’d only been with the company for 3 weeks? And in that time you had complained about a company executive for what you perceived to be sexual and racial harassment, you submitted a power-point presentation critical of the HR department and management in general, and you publicly reprimanded another employee, who did not even report to you, for inappropriate behavior including touching him?
It sounds to me like you were terminated for a lack of common sense; what you did was not the bright thing to do, especially when you’re the new guy. It wasn’t because you were a “whistle blower,’ it’s because you came off as a trouble maker. Also, don’t assume “Mike” and “Joe” were telling you the truth regarding their involvement in your termination; they just may have you pegged as someone who’s likely to include them in a lawsuit against the company.
Bottom line, no, I don’t think what they did was illegal, and I’m sorry if this sounds harsh, but I’d have let you go as well.
Michar is right, but the EEOC may feel differently, but either way to have a case you will need to get a lawyer that feels that you have a case.
If you know any other employees that have been fired for unjust means, get together and contact the EEOC, but individually, you will have a tough case to sell, to a lawyer and the EEOC.
It’s interesting that you waited until the end to state that you had only been with the company for 3 weeks. It does not appear that the actions of your former coworkers rose to the level of discrimination, certainly not under the guidance provided under the US Supreme Court decisions on such matters. While you are free to pursue your grievance, be aware that doing so may make you unemployable.
Spend some money and consult with an attorney before you completely compromise your career.
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