Legal Question in Sexual Harassment in New York
Suspension & possible termination
I was recently sent home from work and given a one week suspension for asking my boss not to curse at me. This has happened once before and I did nothing about it, and now it has happened again.
I work in a restaurant and there was a customer complaining about something and asking to speak with a manager. When I told him about the customer, he proceeded to tell me that ''you people need to learn to find a manager and not to fucking fix things on your own.'' After that, I asked him why he wanted to keep customers like that and he proceeded to point his finger in my face & asked me if I was the ''fucking fashion police'' I walked over to him and told him that if he wanted to curse and yell at me, I would leave. He began yelling and cursing at me, telling me to leave and that he didn't fucking need me anyway and that I needed to go the fuck home. There were various other curses, but yelling ''fuck'' was the most common word used. He then called me that night to tell me I was taken off the schedule for a week.
I have been suspended from work and told by the regional manager that ''him and I just don't get along'' and that I could be transferred. In four days I've heard nothing, and I've lost a lot of money. Is this legal?
1 Answer from Attorneys
Re: Suspension & possible termination
If the manager only treats female employees (but not male) in this abusive fashion, you probably have a valid claim for sexual harassment based upon disparate treatment.
If he treats everyone the the same way, I think
it really depends on the language; this type of cursing, unfortunately, is not all that unusual for people raised in certain neighborhoods, and in certain generations in NY.
Sexual discrimination can take three forms-
quid pro quo-demanding sex for promises of advancement; harassment-asking a subordinate out,and making threats if tthere is a refusal; and disparate treatment. They all fall into the category of conduct prohibited as gender discrimination.
If you wish to discuss this further please feel free to contact me.
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