A co-worker and I got into an altercation, long story short we both got taken into our managers office so we could resolve it. She continuously lied about the situation, so after she was finished I said that everything she said was a lie.
Because I called her a liar, she then responds with “okay, well you are a dirty slut” (she’s not a very classy gal). The first time she said it I ignored it, then she just kept repeating it over and over, also saying I “open my legs for everyone” and that I am a “dirty ho”. My managers did nothing about her comments (there were two present at the time of this). I now have a meeting with my GM to try to resolve this.
Is her continuously saying those things considered sexual harassment, or at least defamation of character?
IANAL, but I don’t think this it would rise to the level of sexual harassment in most jurisdictions.
Did she defame your character? Assuming you can prove she is wrong I would think so, but since this was the result of an altercation at a private company (I’m assuming) I’m not sure how that would be relevant to the matter at hand.
Without knowing the details on what the altercation was about it’s hard to know whether a false accusation really matters in this case. It certainly doesn’t put either you or her in a better light as a result.
I work at a very popular chain restaurant. The altercation was just a work related encounter, honestly didn’t even need to be a made into a big deal. I was going to just let it go until she kept making those statements. Is it ridiculous for me to think that what she is saying is uncalled for and there should be consequences for her?
I think it all depends on the management and whether they would consider those accusations as grounds for punishment or dismissal.
Where I work if someone said that in front of other employees or managers they would be politely escorted out the door and handed their final paycheck, but some places might tolerate it.
If you honestly feel you have been sexually harassed you should contact local law enforcement and/or the district attorney’s office and see what they say.
I’m neither a lawyer nor an expert on sexual harassment, so take this with a grain of salt. . .
If I were you, I’d want to know what she’s saying about me outside of this meeting. If she’s calling you a dirty slut to people around the office (not just to you and your boss in a private meeting), it could be construed as creating a hostile work environment, which would be sexual harassment.
I don’t believe the law considers it slander unless she actually damages your reputation. If she tells your boss a nasty lie about you, it’s not slander unless your boss gives it some credence and uses it against you (e.g. fires you or denies you a promotion).
Getting away from the strictly factual side - my guess is that your co-worker hurt herself more than she hurt you with this accusation. If I were in your boss’ position, I would probably think less of an employee who used such a personal and irrelevant attack. For one thing, that she did it in response to an allegation of lying seems to be an attempt to change the subject. For another, she is escalating the conflict by trying to drag your personal life into the conversation. She cast herself as the aggressor with this tactic.
I disagree. The type of sexual harassment in question is a civil issue, not a criminal one.
I would contact your company’s HR department first. I think it’s important to give your company a chance to straighten things out. If they don’t resolve things to your satisfaction, you can talk to a lawyer.
IANAL, but even if it’s not harassment or defamation this is an atrocious insult. IIRC, Miss Manners once recommended “How dare you!” as the appropriate response in this type of situation.
Also, in my opinion, the managers should have told her to stop it.
In particular, the step to take at this time is to start documenting the issues. Get a letter on file with HR ASAP documenting what has occurred. Then keep additional documentation as future incidents take place, which might take the form of a sort of diary of each day.
I don’t know that the company wants to fire the other employee because of comments made at a single meeting, but an ongoing pattern of behavior like this is clearly not allowed under the law and the employer is exposing themselves to liability if they do not resolve it.
She works in a chain restaurant and you think there’s a HR dept? Not bloody likely.
She should first speak to the person who conducted the meeting and point out, that everything else aside (use enormous restraint!), you were deeply offended both by her comments and by the management’s complete lack of response in challenging her on why she felt it appropriate to introduce such a thing into the discussion? Repeatedly. Surely that does not reflect company policy.
They will think on it a while, then go to the other girl and tell her how inappropriate she was being and not to repeat such a thing again. Good chance she’ll freak out and end up losing her job, I’d guess.
haha I don’t think I am, I’m 20 years old, don’t have any children, and can count my sexual partners on one hand. She, however, had a child when she was 17. Not that I am saying she is a slut either.
I’m not entirely sure whether using references to one’s sexual proclivities is de facto sexual harassment, but screaming irrelevant insults is undoubtedly creating a hostile work environment. “Hostile work environment” as a phrase is probably best known in the context of sexual harassment, but it applies to a much broader range of ways people make your workplace suck. And sexual or not, it’s not cool, and it makes lawyers really nervous.
Just make sure you keep your calm. If you rise to her bait, it’s not longer her creating and your boss allowing a hostile work environment, then it’s two psychobitches being crazy on company time, and you’re likely to both be shown the door!
Well, there’s always an HR department of some sort. Sometimes, it is a designated office with full-time employees. Sometimes it’s just the bottom drawer of the boss’s filing cabinet.
Just one incident of sexual harassment can be enough to establish a hostile work environment. You may not have an HR person at your restaurant, but you undoubtedly have an HR department or hotline you can call to report the incident. Their primary interest will be to protect the organization, so in my experience accusations of harassment are taken very seriously and dealt with quickly. The first offense might result in just a reprimand but the company will have to show it took action to avoid the risk of you suing the company some day for failing to do anything.
I hate to say it, but this is a chain restaurant where workers come and go. Keep your head down, don’t complain and move on. Take the high road. Chances are a complaint will make you look like a sore loser and be shown the door.
I wish I had better news, and especially in this economy, just let it go. You can be replaced lickedy split. Brutal truth.
