Is this harassment?

Question

I am a female to male transsexual, and I work at a job with quite a few young people. Keep in mind, I do phone work and my voice still sounds somewhat feminine. I joke with one of my coworkers all the time about "I wish they'd stop calling me maam on the phone". Anyway, there's these two other guys I work with , and they're both sarcastic, smartasses who think it's funny putting other people down. Well, today, one of them decides to assume I'm a gay man, and I said something back to him and he was like "well if the slipper fits" and I was like "it doesn't. I'm not gay" and he has made other gay male comments towards me before, and today the other guy, the one I REALLY hate said to my other coworker, "why is SHE talking to me?" (I'm a female to MALE transsexual, I go by HE) and I was like "why did you just call me she?" and he was like "because you sound like a girl, you act like a girl and you kinda look like one" I got offended and got my stuff to walk out, but decided to talk to

talk to my boss first. I was FURIOUS and told him what happened, and all he did was say "you invite it by making jokes about beign called maam" ,and I was like "yeah, I make that comment, but I don't make FUN of ANYONE here. My comment is about MYSELF, and I don't say anything to my customers because I can hang up the phone, but I can't deal with listening to all this gay bashing from my coworkers all day" My boss refused to talk to the offending parties, instead blaming ME for causing a scene and yelling at my boss because he refused to handle the situation, and told ME if I can't get along with my coworkers he doesn't need me and FIRED me. Is this grounds for a wrongful termination due to sexual harassment lawsuit?

Papamac...I am not a trouble maker. I've only been taken into the office on ONE other occasion and that was because I said something to one of my coworkers about him getting upset because I was reading a philosophy book. (I'm a student and I've already gotten permission to read my textbooks at my desk) So, I said something to my coworker and he got upset with me and it caused a scene, but I was only trying to explain to him that I got permission from the boss to read. That's what I USUALLY do, I come in, do my job, read, and don't bother anyone, or discuss philosophy with one of my coworker friends. I don't make fun of anyone.

Answer 1

geez, sounds like you're co-workers are some @ssholes, but honestly they're acting that way because they probably don't understand, and the one you hate called you 'she' cause they knew it would hurt you and make you upset. I would honestly either consider getting a new job, or talking to a supervisor, hopefully your workplace has an open door policy that is actually in effect. best of luck to you.

Answer 2

In my opinion, this is not fair. You don't put other people down and your collegues do. You need a normal enviroment to work and not one were your collegues are treating you like this. It really doesn't sound nice for you, I really would like to help cause I think it is so unfair!!! And I also don't understand the reaction of your boss, this isn't kind also, cause it is about an important situation.
I hope your collegues will stop acting like this, otherwise they will continue bullying you, cause you are told to be fired (aah, I am so sorry for you). Your boss told you that everything is your fault and in my opinion he lifts all the weight at your back (I mean, he puts everything in your shoes)
well, I would prefer to leave, before he fired you. But before you would act like this, I would stay a little longer and see what happens next. I hope this is the end of the story and that everything will be oke now!
HUG frenzie-ann

Answer 3

It is definitely inappropriate for them to harass you that way at work. However, in private industry they can do just about anything they want and get away with it. You would probably lose your case. If it were a state job, you would have more leverage and probably win. If you need the job there, keep a low profile while searching for another job when you get the chance. You need to remove yourself from that situation as I don't think you will win and even if you did, there would always be those memories and their resentment to put up with. You are right to stand up for yourself though and if you pursue the harrassment charge, I wish you luck.

Answer 4

Being a gay woman myself, I am just intrested in one question, please don't take this the wrong way but, if you are a female to male transsexual, does this make you a straight man?? I don't understand. I mean you were gay when you were female, right? Well what makes you not gay now, cause you are a male now? I don't mean this in a rude way, I am being honest....please answer me.....thanks so much, and the answer to your question above, yes, I would def. take some action on that smarta*s.

Answer 5

Well, that's a tough situation. The best solution would be to completely cut out the sarcasm. If they still make comments, then it's not invited sarcasm. It's harassment plain and clear. The other option is to continue to joke and take their sarcasm. It does sound like they're doing it to harass, but if you're also joking about your trans status it takes away your stance to say something about the situation. Best bet would be to have them and yourself stop joking around about your trans status so that if they continue to make comments it's harassment.

Answer 6

I'm so sorry. Does your former employer have a HR department? I would start with the director, they may, or may not, defend you. It's a start. If that doesn't work, try the newspaper. That will get you the attention of the people you need. I hope that you'll be able to find another job quickly. Best of luck.

Answer 7

Hi Bohem...
Yes, this is sexual harassment. You have a case. Find the ACLU in your area, and get the ball rolling.... not only against the to agitators, but also the supervisor that you took the problem to, and failed to resolve anything... AND, the company, itself. Your lawyer will tell you that excrement flows downhill, so you shoot high and let them police their own staff, to the point of terminating them.
Good Luck....

Answer 8

I'd relay this to a lawyer, but yes that sounds like sexual harassment to me. It is certainly grounds for suing them. Plus it'd make your boss think twice about not doing anything again. Good luck!!! :)

Answer 9

that sounds a terrible situation babes and your boss hould be a lot more carefull than he is being.
this 2 guys need to shut up and gte a reality check and your boss needs to back you up. I guess you would have a real good case for wrongfull or even constructive dismissal

keep us informed
x

Answer 10

Yes, It is,(BTW Openly calling someone GAY on the job? If they Object that is HARASSMENT, pure and simple) but unless your company has specific things in their handbook about that sort of situation you might have a long battle ahead.


You might concider talking with the ACLU about that.
Since the firing was illegal in nature you might also be able to draw unemployment until you get another job.