Do I have a harrassment case?
Dear Mel;
I am a top-performing sales exec for
an advertising company, with an 11 year
track record. I am a 36 year old man,
and am single. Lately my sales
success has been exceptional. I have a
new sales manager who is making repeated
statements to me suggesting I am a
homosexual (which I am not)and that I
am performing oral sexual favors on my
clients to achieve such success. These
statements were made to me both in
person, and in phone calls he made to
my residence. I find these statements
insulting and damaging to my self esteem,
and fear my personal reputation is in
jeopardy. Of course I denied such allegations,
but the comments keep coming. Do I have
any kind of harrassment case? If such a
complaint is filed with the company,
I fear the fallout could ruin my career.
What can I do? Can he say these things to
me legally? Does this constitute sexual
harrassment?
Answers (1)
You probably don't have a claim for sexual harassment. The term "sexual harassment" really means that you are being harassed because of your gender, whether male or female. That does not seem to be the case here.
Your description of the situation suggests a claim of harassment based on sexual orientation (homosexual or straight). Generally, harassment based on sexual orientation is not illegal. But there are lots of exceptions based on where you work. For example, if you work in New York City, or either county on Long Island, you would be protected from harassment based on sexual orientation.
Your situation raises a problem. If I understand correctly, you are straight, but your boss perceives you to be homosexual. In essence, you are being harassed on the basis of perceived homosexuality. I doubt that the statutes that may apply in your situation specifically address this situation, meaning that your situation may or may not be covered.
Some civil right statutes (the Americans with Disabilities Act comes to mind as an example) have specific statutes dealing with discrimination based on perception. Most do not. However, many civil rights statutes are read fairly broadly because their purpose is to eliminate discrimination. Therefore, provided that you work in a county with a statute prohibiting discrimination based on sexual orientation, you just might be protected from the type of harassment you describe. Therefore, your employer may not be allowed to make the type of comments he has apparently been making to you.
Exactly what you can do depends on the statute you may fall under. In New York State, however, you are generally permitted to bring a claim of this nature to a local Human Rights Commission (not the New York State Division of Human Rights because the NYSDHR would not have jurisdiction) or New York State Supreme Court.
posted by David M. Lira | Apr 10, 2001 09:54 AM [EST]
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