BB - Workplace Harassment
Q: I've been into the manager's office three times and
the HR office twice to complain about her harassing
me - and used the word harassment. My manager
has *declined* to start investigating the problem
as a harassment case.
The question is "has your company defined her behaviour as harassment
in its manuals?" If not, then the case is harder to prove. If they do,
then your case is stronger as they are in violation of their own rules
as well as those of Minesotta.
A: Probably so, but you'll have to be willing to be outed for it to work. If you do go to trial with it, you can expect to hear the following defenses based on prior cases: 1) "It was the truth, so there was no harassment" Simply saying that a gay person is gay isn't enough to show harassment; instead a real, provable harm must be shown (e.g., loss of income or opportunity). Counter with concrete examples whenever possible. Showing a consistent pattern of ongoing abuse that creates a "hostile work environment" is also a good counter. 2) "He didn't complain through the right channels" Companies with established guidelines use employees' unfamiliarity with the process to shield themselves; it rarely plays well, but is usually trotted out. Counter with a well-documented "Pearl Harbor file" and by asking several different managers to describe the "proper channels" - odds