Janie, I've gathered some info for you to "share" with your boss for your battle.
Remember to use terms like:
"Protected class"
"ADA (Americans With Disabilities Act)"
"EEOC (Equal Employment Opportunity Commission)"
"Hostile Work Environment"
"Failure to Promote a Harmonious Work Place"
"Harrasment"
"Discrimination"
"Failure of Supervisors to Protect"
"Title 1 of the ADA act of 1990"
Here is the link to the federal law: www.eeoc.gov/abouteeo/overview_practices.html and I've pasted the text from the State of Tennessee's website that applies to your situation. Also try www.eeoc.gov/policy/cra91.html or just plain www.eeoc.gov
DEFINITIONS OF HARASSMENT IN THE WORKPLACE
A. Workplace Harassment
Any unwelcome verbal, written, or physical conduct that either degrades or shows hostility or aversion towards a person because of that persons race, color, national origin, age (over 40), sex, pregnancy, religion, creed, disability, (Janie, if you have been medically diagosed with obesity and are currently under a doctor's care for it, you fall into this disabilty catagory class) or veterans status that (1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; (2) has the purpose or effect of unreasonably interfering with an employees work performance; or (3) affects an employees employment opportunities or compensation.
To aid employees in identifying prohibited behavior, the following specific examples of workplace harassment are provided. These examples are not exhaustive; they illustrate, however, the types of conduct that violate this policy:
1. Unwelcome touching or near-touching, which can encompass leaning over, cornering, hugging, or pinching; sexual innuendos, teasing and other sexual talk such as jokes, personal inquiries, persistent unwanted courting and sexist put-downs;
2. Slurs and jokes about a class of persons, such as persons who are disabled or a racial group;
3. Distributing via e-mail epithets, slurs, jokes or remarks that are derogatory or demeaning to a class of persons or a particular person or that promote stereotypes of a class of persons;
B. Hostile environment
Hostile environment harassment occurs when a victim is subjected to unwelcome and severe or pervasive comments based on race, color, national origin, age (over 40), sex, pregnancy, religion, creed, disability, veterans status or any other category protected by civil rights laws. A hostile work environment may also be created by innuendoes, touching, or other conduct that creates an intimidating or offensive workplace.
1. D. Retaliation
Retaliation is overt or covert acts of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against an individual or individuals exercising rights under this policy.
E. Third Parties
CONDUCT PROHIBITED BY THE STATE OF TENNESSEE
The State of Tennessee strictly forbids and will not tolerate harassment of any employee, applicant for employment, or third party on the basis of an individuals race, color, national origin, age (over 40), sex, pregnancy, religion, creed, disability, or veterans status. The fact that an alleged offender meant no harm or was teasing will not excuse conduct that violates this policy.
The State of Tennessee strictly forbids and will not tolerate any form of retaliation directed against an employee, applicant for employment, or third party who either complains about harassment or who participates in any investigation concerning harassment.
05-024
2
Cathy (spitting mad about discrimination right now!)
12/20/04, Dr. Houston
420/207/180
www.picturetrail.com/cathyspencer
www.obesityhelp.com/member/cathyspencer
Oh WOW, you've given me some more leverage Cathy!!!! That would really send my supervisor into orbit!!! I will definitely use it because I am going to ask my supervisor if he talked to the person. If he didn't then I'm going to exercise my FEDERAL and LEGAL rights!!
We were supposed to have our staff meeting today but it didn't happen. We got too busy. Hopefully it'll happen tomorrow. I just can't understand how an adult that works in a professional environment can be so cruel! I guess I was raised differently from some people or something! I got picked on when I was in elementary school because of my weight and I just always knew how much it hurts. I guess I just thought that if I didn't do it, then other people wouldn't do it. DUH!!!! Guess I have had a rude awakening.
thanks to all of you for your encouragement!and support. This has really hit me hard. Even though I let my supervisor know how I felt, very very sharply I might add, it still smarts! It also BITES because the woman who's been doing this is 6 ft and probably weighs 120! My mom used to say that "pretty is as pretty does" too, Tammy. This woman is not pretty at all!!!
Janie