Actually, I’ve wondered about that. I will post a query in ATMB on SD policy, and a different one here, as to its legal value and admissibility (amateur piercing of anonymity by lawyers).
I had an employer who at end of day would give you a written for being late.(whether you were or not) With no timeclock and it being nine hours later, his word against the employee. he’d do this one day a week for three weeks and on the third time fire someone. this was his way of weeding out women who wouldn’t put up with his grabby hands.:mad:
I got a camera that shows date/time on the pic and would photograph myself next to the clock in the lobby every morning to protect myself from that shit, not to mention he got less grabby when everyone started keeping their cell phones at hand to try and catch him in the act of copping a feel.
but yeah, the truth is unless you have the money and time for an attorney, you generally don’t stand a chance. I lost that job the day after I got hit by a car. someone else was working it when I got out of the hospital a week later, despite my having had vacation time to cover it, and it’s not like data entry isn’t a job you can’t get a temp for until the employee can come back. Every attny I talked to said it would cost way more than I could afford.:(. This was just after the clinton family leave and medical act too.
shame about what happened to the douchebag a few months later, the cops got a tip he had a trunk full of weed and busted him at work. (turns out weed is cheaper than lawyers and having a cousin on the force is handy)
If I were you, I’d remove the part where I jokingly implied that I’d committed a felony to get back at my old boss. You’ve got maybe another 5 minutes to do that.
I would think that, in most all states, if you fire someone because of their showing gay mannerisms you could lose your business licence but I don’t know that for a fact. Can’t you just talk to the guy and ask him to tone it down? And then, that might get you in trouble, too. To be on the safe side, I’d talk to the EEOC. They were of great help to me.
If you live in an employ at-will state, you can fire someone for any reason or no reason so long as it isn’t a protected reason like sex, age, race, etc.
And it’s not like we are talking about firing the vice president of a company here. This is a low-level service job in an industry with a high turnover.
I think it depends on the “gay mannerism” in question. Does he talk with a bit of an effeminate lisp, or is he breaking into hysterics at the drop of a hat like Nathan Lane in The Birdcage?
Or the bees? Or the dogs with bees in their mouths so when they bark they shoot bees at you?
I can fix that for you!
How many straight waiters on the North Side of Chicago does it take to screw in a light bulb?
Both of them!
I got a million of 'em, I does.
Remember, this is a hypothetical.
If you’re been running a restaurant in the US for more than 6 months, you’ve already employed a dozen gay male servers.
Welcome to the SDMB.
Having said that, this forum is called General Questions, and they try to stick to facts here rather than guesses.
In discrimination cases, the fact that you have other employees who are X is not an adequate defense against someone claiming you fired them for being X.
I get that-- my post was letting another poster know that in the real world, no restaurant owner would have this question.
Whole thing is a hypothetical, thus suggestions to the OP aren’t helpful; answers contribute to the discussion, but actual solutions short of answering the OP’s question aren’t constructive.