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Old 11-19-2007, 04:39 PM   #42
ndnMSW
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We have to do alot of EEO training at my place of work, and I have to do even more because I am a supervisor of bargaining unit employees (union), and here are some of the recent personnel guidelines.

A supervisor or co-worker creates a hostile work environment by making racist, sexual, or other unwelcome remarks or actions that their employee or co-worker finds offensive. This means that the comments don't necessary have to be directed at the complaintant, it can be remarks in your vicinity that are negatively effecting your work environment. EEO recognizes that there are serious power differentials that will impair an employees ability to complain to the immediate supervisor, especially with women in cases of sexual or racial discrimination or hostile work environment cases, so in those instances the employee is not required to follow the chain of command in order to get their concerns addressed. Simply telling a co-worker is enough many times, that provides some, not all, of the necessary documentation. If anything is reported or confided to anyone in a managerial or supervisory role in the organization, that manager or supervisor has an obligation to report the concern to someone higher in the chain of command or they can held liable should an investigation ensue.

Because I didn't read where you reported the manager's behavior to anyone you are in a tough spot should the manager decide to fight you being reinstated or if he wanted to file a grievance if any negative personnel action were taken against him (if he got written up, suspended or otherwise reprimanded). Telling your friend who was a manager would have provided you some of the documentation needed to assist in your situation and would have ensured that someone would have been responsible to report the behavior you experienced, but that's in the past....no need to list any more "could have, should have" statement.

Bottom line is, food industry jobs such as at a restaurant are very low on the EEO food chain...employees have virtually no protection of their rights and are pretty dispensable....take it from me, I used to wait tables back in college. If I were in your position, I would use this experience to reinforce what I DON"T want for myself or my children. My dad use to tell me when I complained about jobs like that and the bum management that went with them, "Get your education. When you don't have your education you are stuck working for idiots. At least when you have your education you will be working for better educated idiots and have some job protection."

Good luck to you.
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