Could this be considered harassment?

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mondavi

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My girlfriend has been working at a pet store for nearly 3 years. She recently accepted another job at a competitive company. Today She told her manager that she'd be putting in her two weeks notice. In response, her manager told her that she would no longer be able to help any other customers, as stated in the store's ethics contract, and followed by saying "Unless you want to take the guy who always flirts with you, you can take him". My girlfriend was appalled by this, and felt disgusted and degraded by this comment. She now feels too afraid to even finish out her last two weeks for fear of what her manager might make her do. My question is this: Can this be considered sexual harassment or creation or a hostile work environment? What action can or should be taken to make sure that this disgraceful and offensive behavior is punished?

Thank you for your consideration
 
I think she would be very hard put to get the EEOC to agree that a single comment, which might or might not have a sexual connotation, is sufficient to support a sexual harassment claim or a claim of HWE. There is no action she can take to ensure that this questionable behavior is punished. She is free to report it to HR. She is not entitled by law to know what, if any, action they take.
 
thank you for your response. so other than the comment itself, what about the fact that her manager is telling her (in direct conflict with what she had just said was against ethics poicy) that she can help one customer, an individual who has been known by the manager to make sexual comments and vulgar statements to her in the past? is that not subjecting an employee to a hostile work environment? suggesting that she only be allowed to help a customer who has been known to sexually harass her?
 
I agree that just that one comment would not likely be considered sexual harassment/hostile work environment.
 
You're now adding facts that were not in your original post. In what way has this customer sexually harassed her, and when, and over what period of time, and what did your gf do about it at the time?
 
OP's 2nd post wasn't there yet when I started typing my 1st post above. We were apparently typing at the same time & OP got a reply off first. Agree we need answers to cbg's questions.
 
You're now adding facts that were not in your original post. In what way has this customer sexually harassed her, and when, and over what period of time, and what did your gf do about it at the time?

The last time she spoke with the customer,about a week and a half ago, he had made a comment about her physical endowment in a derogatory way, which i wont repeat here. She immediately walked away to get an assistant manager, told the ASM about the incident, and the ASM asked the customer to leave. the ASM then told all the other staff about the incident, including the store manager, which is when the manager enacted a policy to not allow any female employees to interact with that particular customer. That was what we had thought would be the end of it, but he has been seen in the store since then, in between then and the time the comment was made today.

Also i apologize for leaving any information out of my initial post, I'm trying to get an answer as quick as possible and I'm not sure what information is the most important, I've never been involved with anything like this before. And i would also like to thank everyone for taking the time to post and help me with this
 
The last time she spoke with the customer,about a week and a half ago, he had made a comment about her physical endowment in a derogatory way, which i wont repeat here. She immediately walked away to get an assistant manager, told the ASM about the incident, and the ASM asked the customer to leave. the ASM then told all the other staff about the incident, including the store manager, which is when the manager enacted a policy to not allow any female employees to interact with that particular customer. That was what we had thought would be the end of it, but he has been seen in the store since then, in between then and the time the comment was made today.

Also i apologize for leaving any information out of my initial post, I'm trying to get an answer as quick as possible and I'm not sure what information is the most important, I've never been involved with anything like this before. And i would also like to thank everyone for taking the time to post and help me with this

If you believe she has been harmed, contact a lawyer.

Her remedy lies in a superior court room somewhere in a county in California.

If there is a remedy, she's entitled (as are we all) to air her grievances in a court room.

Should she desire to pursue this, be advised, it isn't a DIY project.

This would be litigated in a superior court in California.

Should she choose NOT to hire a lawyer, she can represent herself pro se.

But, you can't be actively involved, as a small claims court might permit.

Again, good luck, speak with a couple local lawyers.

Be advised, employers aggressively defend such allegations.

That means they retain experienced attorneys to defend themselves.

The initial consultation is normally FREE of charge or further obligation.
 
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While I can now understand your anger, I still maintain that this would not be sufficient to constitute a sustainable claim of sexual harassment or HWE, since it appears that on previous occasions, the store did take action to address the problem. Quite honestly, I'm not sure what legal action AJ is seeing as possible. A claim of SH or HWE cannot go through the court on its own - they MUST go through the EEOC and she MUST receive a right to sue letter from them (or from the state equivalent) before she can bring any legal action. Violations of the ethics policy (or any other store policy) are not illegal. I'm not trying to negate your (or her) feelings but not every wrong is correctable in the courts.
 
While I can now understand your anger, I still maintain that this would not be sufficient to constitute a sustainable claim of sexual harassment or HWE, since it appears that on previous occasions, the store did take action to address the problem. Quite honestly, I'm not sure what legal action AJ is seeing as possible. A claim of SH or HWE cannot go through the court on its own - they MUST go through the EEOC and she MUST receive a right to sue letter from them (or from the state equivalent) before she can bring any legal action. Violations of the ethics policy (or any other store policy) are not illegal. I'm not trying to negate your (or her) feelings but not every wrong is correctable in the courts.


I'm not offering an opinion about a legal action.

I'm simply stating IF she seeks redress, it can't be found here. It must be pursued in a court room, not an online forum.

I have no opinion on the matter about which OP posted.
 
Fair enough. Thanks for clarifying, AJ. :)


No worries. I think many people come here seeking a one sentence solution, or a set of simple instructions to solve a legal problem.

Frankly, it's not their fault. It's simply the age of instant everything in which we're living that drives this.

On the other hand, if I had two felony charges pending, I'd seek real legal advice from a licensed attorney.

Then we have Google, Bing, Yahoo, and a number of other great search engines.

I recall encyclopedias, dictionaries, and trips to the library to seek answers to life's mysteries.

Today's law students (heck, students in general) have it easier than I did. LOL
 
I think many people come here seeking a one sentence solution, or a set of simple instructions to solve a legal problem.

Frankly, it's not their fault. It's simply the age of instant everything in which we're living that drives this.


Concur completely.
 
Getting back to OP's question - I agree with cbg. Even based on the additional info submitted, I very seriously doubt there would be a claim for sexual harassment or HWE. The store did take action when notified on a previous occasion which was all they were required to do.
 
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