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Discrimination based on gender.

Asked about 4 years ago - Peoria, AZ

In March/April, I had a sexual relationship with a coworker. At the end of May someone anonymously informed HR. The HR Director said that because we do not have a direct reporting relationship there was not a problem with us seeing each other but still asked us if we were having a relationship. Because it was over, we both said no. In July, a new general manager started and became good friends with my coworker. They go golfing together, have arranged golfing with all of the male employees and have discussed (at work) having a guys night out to a strip club with all of the male employees. In October, my relationship with my coworker became sexual again for a short time. This ended badly and my coworker informed our manager. On 12/20/07, our manager said that he would review everything but we would probably both be fired for lying. However, on 12/21/07, only I was fired. He looked at private emails (not on company time or company email) I had written to my coworker, but when I offered to show emails he had sent me, my manager said the decision had been made. He didn't even show me the emails that my coworker had given him. I am not even sure they were actually from me!
This was my first relationship with a coworker in the almost 4 years I have worked there. However, in the year my coworker has worked there, I am his second (although there have been rumors of others). He had a relationship with a subordinate of his and he is currently dating her. She is no longer working there but was there for the first three months of their relationship.
There are no women in any senior management within this company. There was one female director, but when the company president started he fired her. It is a boy's club and I think I was unfairly dismissed because of my gender.

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Attorney answers (2)

Craig Edward Kennedy

Reputation Level 14

Answered about 4 years ago. Family Law Attorney in Vancouver, WA.

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Short answer:

Arizona is a right to work state and you can be fired for any reason, except an unlawful reason. When you file for unemployment compensation with DES, you will be given a reason for your termination from your position, if you haven't already received one.

Eventually, you'll need this reason to determine if you have a cause of action against this employer. If you have a union contract, this will make your relationship between yourself and your company better defined. If you worked for a quasi-governmental agency, you will have certain employment protections that you'll need to check and see that they weren't violated.

I will make this recommendation based on the facts that you have presented: I recommend you file a complaint with the local EEOC [Or appropriate assigned state agency..] about this work place and the sexual harassment you have encountered and the hostile work environment you had to put up with.

From your facts, you indicate that the 'co-worker' informed the manager about this affair and that that very manager was the one that fired you. This raises the inference that the manager was taking action based on the gender bias of the co-worker and therefore ratifying this discriminatory animus based on gender as opposed to being fired for lying or violating company policy by using the company's computers for personal use.

It also appears from the nature of management's behavior and their demeanor in front of their female employees, that they have created a hostile work environment - i.e. invitations to male employees only for ventures to strip clubs paraded in front of the female staff....which I assume offended you...

Your state agency will most likely not act, but will issue you your 'right to sue letter.'

Yes, you need to consult with local counsel right away. Find the best employment discrimination lawyer you can find in the Valley!

I hope this helps!

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Paul D Friedman

Reputation Level 13

Answered almost 4 years ago. Medical Malpractice Attorney in Phoenix, AZ.

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If you believe you were descriminated against because of your gender, you need to file a claim with the Equal Employment Opportunity Commission (EEOC) or Arizona Civil Rights Division withing 300 days of the last date of descrimination. Either agency will conduct an investigation to determine whether there is a cause finding.

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