RuthlessChicken
Sep 3, 2007, 12:23 PM
Well, I don't know how to open this so I'm just going to give you the facts...
I'm in Tennessee. I'm employed by a restaurant as a server. I'm 19, a college student, and a male. I've been at this restaurant for about seven months and several time, in the past few months, I feel that I've been sexually harassed by members of the management.
April 2007
When I was telling K. (female manager) about my dance recital M. (male manager) asked what kind of recital it was and I replied ballet. He asked if I got to wear a pretty tutu.
August 2007
While standing at the computer ringing in an order K. (female manager) told me I needed to buy new jeans to work in. I asked her why and she then poked her finger through a hole in the back of my jeans, where a belt loop had ripped through to my backside and made a tickling motion.
Saturday, August 18th
J. (male manager) stated to a group that he “didn’t like F*dge Packers.” A. (male manager), turned to me and said, “That means you.”
I have no idea what to do. I'm not a homosexual and being the butt of the management's joking makes me feel horrible. Other servers feel like they can pick on me or tease me and I usually leave the restaurant in a bad mood.
I have no idea about the laws in my state, but does it seem like I have a sexual harassment case?
ScottGem
Sep 3, 2007, 12:44 PM
Based on what you have said it would appear you were harassed. Your first line of defense is the restaurant HR department. You need to report and document the harassment. If the restaurant ownership is smart, they will issue some generic warnings to all employees about sexual harassment.
If the harassment persists, then you need to continue to report and document. If the actions are not stopped, then you will have to pursue legal action.
RuthlessChicken
Sep 3, 2007, 01:06 PM
We don't have HR department. It's a locally owned franchise. There are about eight restaurants in the East Tennessee area that are owned by the same man...
ScottGem
Sep 3, 2007, 01:13 PM
If it's a franchise operation then report it to their HR department. Franchisers don't like their franchises to break laws. Or the man who owns the franchise had to set up some holding company and there should be an HR function associated with it.
If none of these apply, try the TN dept of labor.
shygrneyzs
Sep 3, 2007, 02:48 PM
If you do not get satisfaction from the franchise's HR department, you can contact your TN office of the EEOC.
The jurisdictional area represents the state, county or city in which an alleged incident of employment discrimination took place.
The Memphis District Office has jurisdiction over the States of Arkansas and Tennessee, and the State of Mississippi Counties of Alcorn, Benton, Coahoma, Desoto, Itawamba, Lafayette, Lee, Marshall, Panola, Pontotoc, Prentiss, Quitman, Tate, Tippah, Tishomingo, Tunica, and Union.
Nashville Area Office
The Nashville Area Office has jurisdiction over State of Tennessee counties of Anderson, Bedford, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Cheatham, Claiborne, Clay, Cocke, Coffee, Cumberland, Davidson, De Kalb, son, Fentress, Franklin, Giles, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lawrence, Lewis, Lincoln, Loudon, McMinn, Macon, Marion, Marshall, Maury, Meigs, Monroe, Montgomery, Moore, Morgan, Overton, Perry, Pickett, Polk, Putnam, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Smith, Stewart, Sullivan, Sumner, Trousdale, Unicoi, Union, Van Buren, Warren, Washington, Wayne, White, Williamson, and Wilson.
If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, sex, religion, national origin, age, or disability, or believe that you have been discriminated against because of opposing a prohibited practice or participating in an equal employment opportunity matter, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). All laws enforced by EEOC, (Title VII of the Civil Rights Act (Title VII), Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA), except the Equal Pay Act (EPA), require filing a charge with EEOC before a private lawsuit may be filed in court.
To protect your legal rights, it is always best to contact EEOC promptly when discrimination is suspected. There are strict time limits within which charges must be filed. Please review the information for your state, and the specific charge filing instructions for this office.
A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
This 180-day filing deadline may be extended to 300 days if the charge also is covered by a state or local anti-discrimination law.
These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
Memphis District Office Information
An individual has 300 days from the date of alleged harm to file a charge with this office against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability in the State of Tennessee. An individual has 300 days from the date of alleged harm to file a charge with this office against an employer with 20 or more employees for discrimination based on age in the State of Tennessee.
An individual has 180 days from the date of alleged harm to file a charge with this office against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability in the States of Arkansas and Mississippi. An individual has 180 days from the date of alleged harm to file a charge with this office against an employer with 20 or more employees for discrimination based on age in the States of Arkansas and Mississippi.
Charges against employers of less than 15 employees (for race, color, national origin, sex, religion, and/or disability) or less than 20 employees (for age) must be filed with the appropriate state agency within the time limits prescribed by state law. These time limits are 180 days in Tennessee.
To protect your legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
Location for Memphis office:
Location: 1407 Union Avenue, Suite 621
Memphis, TN 38104
Phone: 1-800-669-4000
Fax: 901-544-0111
TTY: 1-800-669-6820
Director: Katharine Kores
Regional Attorney: Faye Williams
Office Hours: The Memphis District Office is open Monday-Friday from 8:00 a.m.- 4:30 p.m.(CST) Please arrive by 2:30 p.m. Interviews are not conducted after this time.
For Nashville:
Cornerstone Square Building, Suite 400
530 Church Street
Nashville, TN 37243
Phone: 615-741-5825
Fax: 615-532-2197