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Beyond Pay?
An anonymous reader asks: "I was wondering if Slashdot readers have encountered harassment in the workplace, and how they have dealt with it. In particular, when working for
technology-based companies. Examples of this include the company forcing employees to put in extra (unpaid) hours, with the implicit/explicit threat of loosing the job if they don't, to actual personal harassment in the work place by management staff. My experience is that even in cases where the employee is completely right, it is impossible for her to win the case, given current employment law."
At my old job, my boss had something against me. I have about 10 years of experience in the field, but I look young. I'm around 30, but look more like early 20's. At first I thought my boss was kidding around when he'd make comments about me not knowing something or "my many years of experience", but after awhile I realized the guy actually thinks because I look young, I must not know anything.
Projects that I was on before he started were slowly being given to other people, and he joking around finally got to me. I asked him to stop, and it just got worse. And he got spiteful about it.
Eventually it escalated to the point where I told him to fuck off and I walked out. Yeah, probably a bit childish, but I don't wanna be in a workplace where I have to go to HR and deal with jackasses who can't look past a person's physical appearance.
I guy that was younger than me, with less experience and definintely less knowledge, got promoted to a position I applied for, but he looked much older than I did. That kind of shit is plain wrong, but almost impossible to prove. And it happens everywhere.
Change "her" to "him" and you'd be right. In the past year alone I've seen two men be fired, on the spot, without a chance for any rebuttal because a woman claimed sexual harassment. Of the four times I've seen a man claim he was sexually harassed by a female empoloyee, NOT ONCE was the woman fired, or even punished. In fact, in one instance, the man was fired!
As far as being bullied into working unpaid hours, don't. It's that simple. You don't want to work for a company that bullies it's employees. The employment market is bad, but not bad enough to stay in a situation like that.
He is of Middle Eastern ansectory and has an Arabic last name. They asked him where he is from. As soon as he told them he is from the ME, their next question was "So learning to fly planes?" There were 2 other interviewers in the room, and all they were doing was laughing.
My friend was a bit puzzled, but kept on answering the questions with a smile. He didn't really know these questions were inappropriate. Well later that day he did get a job offer from them, so all seems to be good.
Later on he found out that he was one of the 5 candidates who applied for the job, and the others were not even close to being qualified for the job.
He isn't pissed or anything, but me and him always wondered if he had would have considered this harassment and taken it to court, how exactly does one go about proving that such things were said?
Many bigger companies have an "Ethics Compliance Hotline" that is supposedly "Confidential". Has anyone every used one? Was it effective?
Of course, these situations are highly political. So, you call the hotline, the boss gets canned and give you a real mean look on the way out (how many people could have squealed, anyway).
Vote in November. You won't regret it.
My main question along this thread is "how do you deal with a workplace where you are 'trained' in diversity to tolerate everyone else except that they are never trained to tolerate you?
Our diversity training at a Fortune 500 company included information on how to tolerate/be sensitive to:
women
gays
blacks
hispanics
muslims
bhuddists
athiests
I was pissed that those groups were never 'trained' to tolerate:
men
asians
whites
christians
I work in Pennsylvania. This is a "work at will" State meaning your employer can terminate you anytime without notice or reason. They are also not required to pay unused vacation. Basically, any action which may be interpreted as "non-conforming" will get you invited to conference room 1-B. This is the one next to the front door. You are not allowed to clean-out your office or take personal belongings including your coat with you as you leave. Security will go through your desk, decide what is yours and place a box outside the building at 6:00 PM for pick-up (hopefull by you). Five people were terminated earlier this week a couple of hours after their group director held a meeting telling them the rumors of more terminations were false. Employers have us right where they want us.
Working as a contractor at another company, I had my contract terminated for writing an email to my manager at that company complaining that he was discriminating against me, and that that was illegal. When I complained to the EEOC, they explained "Since the manager was not your employer, we have no jurisdiction." So apparently it is perfectly legal to harrass contractors! As a contractor, apparently your only recourse is to find another position.
Youth has its advantages. The energy, eagerness, and willingness to learn are a few of youth's best traits. It's a threat to all those that don't posess youth or at the least nurture their inner youth. Those without youth (youthless?) are proned to resist change. They are much less open to new ideas. They are less willing to learn new things. All of these things that the youthless lack build what is perceived as a threat. In many cases the youthful out-think and out-work the youthless. The youthful don't try to create conflict but they are frustrated by the youthless that put a stop to all change. A few months ago I contemplated writing a book geared towards youth in the IT sector, based on my own experiences. Age was a major stumbling block at that employer. My youth was hard to accept for a few people, one in particular. That person had their better moments for sure. Unfortunately that person only seemed to take my advice when they needed something from me. It was a difficult time I most assuredly admit. It was a learning experience that I'm glad I received. It is also an situation that I will never fall prey to again.
My advice to the article submitter is simple. Do not under any circumstances take any age-related crap off of anybody. You're an adult in a professional position doing a professional's job. They should respect you and you should respect they. Mutual respect between management and staff is something most institutions lack in this day and age. I feel this lack of respect is the reason employee loyalty and morale is at an all-time low. I made the mistake of avoiding conflict in the early months of that job. I didn't stand up for myself when an age-discriminatory comment was made about me, my knowledge, and my abilities. I put myself in the position of taking grief from one person in particular for over a year until I finally stood up for myself. Bullies in the workplace are just like bullies in junior high. They harrass those that they feel won't fight back. They do this to elevate their own perceived political status. Office bullies, like bullies from Junior High, also back down when their victim bites back. They will inevitably be a long-term enemy but you won't have to accept their daily dose of grief anymore.
Remain civil at all times. You will inevitably be presented with one or more occasions where you are right and they are wrong. Meetings are a great place for this conflict to arise. You'll find that your age will be used as an excuse for why you're viewpoint is wrong. Keep a civil, level-headed tongue. Don't ever be combative. If you remain civil and never let yourself become flustered, you will drive them to their wits end. Play your cards right and they will lose control. You will however be the calm, cool, and collected individual that operates well under pressure. Acting combative, swearing, and otherwise losing your temper makes you look childish. Let other fill that role. Don't sink to their level. If you can't ignore the conflict and you feel that the upper management will side with you if you're right, document your concerns or objections in writing and submit it to management. There are numerous books that relate very well to this topic. Search around for books on conflict management, conflict resolution, negotiations, etc. You'll find plenty of good reading.
Lo
Examples of this include the company forcing employees to put in extra (unpaid) hours, with the implicit/explicit threat of loosing the job if they don't
In some states this is illegal. At my last job it was well-known that layoffs were in the works, and the CEO told me that unless I committed to working 60 hour weeks I'd probably be on the list. I agreed and promptly started job-hunting. I quit about a month later, coincidentally right when the 10% pay cut they had announced kicked in. It was very satisfying..
At the post-layoff meeting I was talking with our company lawyer and the CEO, and he she jokingly asked him "So, did you do anything illegal this week?" When he said "No", I mentioned the conversation we'd had and the lawyer's jaw dropped. She admits that employment law isn't her specialty (she mostly does licensing and contracts) but she's pretty sure that what he said was illegal in California.
My experience is that even in cases where the employee is completely right, it is impossible for her to win the case, given current employment law.
I used to be a manager, so I've been through lots of training on this. If you're talking about sexual harassment, there are basically two kinds: "climate" and "quid pro quo". The first is where the harassment makes the company an unpleasant or intolerable place to work. Quid pro quo harassment is an explicit bargain or threat: have sex with me or you won't get the promotion. Both of them are grounds for a lawsuit, but quid pro quo harassment cases are easier to win (juries are more sympathetic). I think they're also worse in a legal sense, like being eligible for punitive damages in addition to actual damages.
Laura, who INAL and all that.