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Is this sexual harassment? I'm a gay male and work in aviation with a lot of mechanics who aren't the most PC people. About

Las Vegas, NV |

2 years ago my supervisor asked people down on the floor if I was gay. One of the people told me about it and I asked him about it and he confirmed that he did indeed ask people if I was gay. I didn't report it to the Manager because my supervisor and the manager were good friends and I was in fear of loosing my job. About 5 months ago my now former supervisor (he was demoted) made a comment about someone else that landed him in HR.I was required to talk to HR director and i told her about this incident while she was getting my statement and she told me "Well that was in the past." I was promoted to now be his supervisor and he is now making inappropriate comments again a few weeks ago such as "This is so gay!" or "Stop singing that gay song" to other people around me. What should I do?

Attorney Answers 3

  1. Best answer

    1. Report it to HR. They have to have a chance to resolve it.
    2. If it persists and you want to take action, call the NERC and file a claim. The EEOC does not handle orientation based claims.

    If they do something against your employment AFTER you file your claim, that's another claim called retaliation.

    Clark County, Nevada practitioner.

  2. I concur with Mr. Alexander- report this inappropriate (and insubordinate) conduct to Human Resources.

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  3. This could also be viewed as an issue of Free Speech versus certain words you don't particularly want to hear.
    We all have a cadre of certain words we don't care for. They aren't posted on a bulletin board anywhere categorized by person or subject. The word you complain of has taken on various meanings in common usage, not simply sexual orientation. The term as applied to that was commandeered by the homosexual population, as was the rainbow symbol. Persons in the United States of America generally are allowed to say what they please, subject to actual or attempted defamation, and a very few other limited circumstances. Without Free Speech you would not enjoy the rights to express yourself here. Do you spend time at work documenting complaints and comments of other employees as opposed to completing the tasks assigned to you, tasks which ultimately have a great impact on the safety of aircraft and human lives? I don't think you have that right while in the service of your employer. Aviation safety and indeed 'perfection' in the operation of maintenance standards is a hot button to anyone who may come in contact with aircraft under your care. Indeed, are not aeronautical repair stations are held to a higher standard of expertise than even a trained, certified, automobile mechanic? What are your damages? What are the former supervisor's damages when you build a record to terminate him because of what you say here?

    No attorney-client relationship implied or accepted without a signed fee agreement. This response is theoretical only and for purposes of discussion. Attorney is not liable for any opinion expressed herein.

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