discrimination, unequal pay, unsafe work conditions etc
An incident happened to me at work on sept 21st that was reported to the manager and area manager. A poster was put up depicting 2 Gay people (one was elton john the other unknown) and a coworker told me it was supposed to be me and laughed. He even went as far as putting up some tools that i work with in the hand of the other person in the poster. 2 other incident happened (verbally) also both from the same person and both were reported which were 1) he called a coworker "borderline obese" and she was "physically unable to do her job" and also 2)he stated (after interviewing a woman for an open position) that "we dont need women here as they cannot physically do the job that we can (males)"
These separate incidents were reported to the appropriate manager and after 3 weeks nothing was done. This caused a hostile work environment and problems started to arise. A meeting was called between the 3 workers the manager, area manager and the HR director from head ofice to discuss the differences and in front of all us he again went on to say "he was concerned about the other (female) employees weight and didnt know if this would affect her job performance".
It happens that both employees involved are after the same supervisory job that is available and has been for 4 months. It was stated at this meeting that he is still eligible despite both mine and my fellow workers statements that there is a hostile and unfriendly workplace when we have have to work with him. We are basically being forced to resign if "we cant handle it and are not happy" the company is an "at will" company.
After this meeting i had heard nothing about the "poster incident" and i got the reply "a full investigation has been taken and the people in question have been spoken to". How a full investigation was taken i have no idea as nobody had spoken to the other "witness" and the poster remains at my home (i took it home after i was told to remove it from the premises and destroy it. i didnt think that destroying it would be a good idea) as of this moment i have had no apology or sign of remorse from either the company or the people involved and i am continuing to be scheduled with this person.
I also know for a fact that this person (male) is being paid more ($12 per hour) than the other coworker (female) ($9-50 per hour) despite the fact that they are doing the exact same job and sharing the exact same responibility and she has been with the company for over 2 years and he has been there for 4 months. Also a female was recently hired (which i have to train) at a higher rate of pay despite me being there longer and despite having no more experience than me. Also the day i was hired was on the same day as another male but he was hired at $3 more per hour than me with no experience what so ever which was again much more than the female involved in the previous incident.
The workplace is unsafe to work in despite numerous attempts to go to management about it. The word OSHA managed to get one thing fixed the very next day but there are many more issues there. Also we are being forced to wear the companies t-shirts and hats all day (i have only 2 of them and one is the wrong size) and hats all day and whenever the issue of maintenence of them is bought up the subject is quickly changed and we are told not to discuss the issue. we have to clean the uniforms ourselves despite the fact i have only 1 t-shirt.
there are many more issues at hand but i thought this is a good start...any input or help would be greatly appreciated.
Thank you for your time
Mark
Answers (1)
Your query raises so many issues that it would simply take too long to address all of them, but the query raises issues in 3 areas: workplace safety; the employers treatment of employees; and discrimination.
When it comes to workplace safety, employees can file complaints with OSHA. Whether OSHA does anything is another matter. The only other way to raise workplace safety issues is through a union, if you have one. Workplace safety can be made a bargaining issue.
Incidentally, employees can organize to address workplace issues, such as safety, and yet not unionize. If the employer retaliates because of the organized effort, the employees who have organized might be protected under the National Labor Relations Act, in much the same manner that unionized employees are protected.
As to treatment, because New York State is an at-will state, that means, in part, that an employer does not have to be fair or nice to employees. You can be fired at any time, for any reason, or not reason at all. The only limit on this general rule comes largely from laws passed by COngress or the New York State legislature which are essentially exceptions to the employment at will doctrine.
If the employer wants you to wear its hats and t-shirts all day, the employer can do that. The employer doesn't have to pay the costs of supplying the hats or t-shirts. If all you have is a t-shirt that is too small, the employer can make you wear it, no matter how rediculous you might look. Your only remedy is to leave.
Discrimination, but only in certain forms, is an exception to the employment at will doctrine. That is, if the employer's conducct can be characterized as discrimination, then the law might afford certain protections, but only if the nature of the discrimination is covered by some specific law. Discrimination on the basis of gender or sex is protected by both federal and state law. Thus, disparities in pay between men and women in similar positions might be illegal. Under certain circumstances, an obese person might be protected under state law, but only if the obesity is due to a diagnosed medical condition. Without the diagnosis, the obese person probably has not legal protection. Sexual orientation (whether gay or straight) or perceived sexual orientation are not protected under either federal or state law. In some locations in New York State, such as New York City and both counties on Long Island, there are local laws protecting sexual orientation. I would not know based on the information that you've supplied whether your employer would be covered by any other local law prohibiting discrimination based on sexual orientation.
posted by David M. Lira | Oct 25, 2002 12:35 PM [EST]
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