On 5/7/16 my mom, who was a janitor at macys subcontracted through USI cleaning company, was cleaning the male customer bathroom for macys and she had barricaded the door so no one would come in. A macys employee forced himself inside and pulled his zipper down and put his hand down his pants in front of my mom (not in a stall). He was basically either trying to show himself to her or trying something far worse. My mom got startled and yelled at him and he then left. My mom went to macys HR to complain the manager was called. First he refused to get someone who spoke to Spanish to translate even though my mom requested it. Then he heard the story and he dismissed her completely. He didn’t care to ask my mom for description of the macys employee or anything at all. My mom then said that she had come before saying that it is a safety issue to have females cleaning the male bathrooms, he merely responded by saying that her company ) did not want to spend more money by hiring a male employee. She in turn responded in her broken English “does macys not care about their female workers?” He dismissed her and 4 days later she was fired.
From what you wrote, this is not really a safety concern, but one of retaliation, sexual harassment, and discrimination:
- The fact that she was terminated so soon after making such a claim makes it seem that retaliation may be an issue.
- Your mother made a claim of a sexually hostile work environment, and the employer is required to undertake a prompt investigation, and take prompt remedial steps to ensure that the behavior stops - they didn't.
- The fact that HR refused to get someone to speak Spanish for her, and then shortly after she complained terminated her may mean that her nationality was a factor in the decision
She needs to speak with an employment attorney as soon as possible. You (or someone else) may need to come with her to translate if you cannot find a lawyer who has an attorney that speaks Spanish. Good luck.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Sounds like a case to me! But the only way to tell for sure is to have your mom call and speak with a lawyer. Many larger firms like ours have Spanish speakers on staff. Lawyers on this website cannot solicit you, but you or your mom can call any lawyer. You can find many experienced lawyers on this site. Don't forget to mention that you found the lawyer on Avvo and ask for a free consultation.
I hope your mom gets the answers she needs and the compensation she deserves!
Eric A. Shore
Please understand that I do not represent you until we both sign a retainer agreement and that the information I provide here should not be considered legal advice. It is for informational purposes only. I am licensed in PA and NJ and handle employment discrimination, wrongful termination, sexual harassment, social security disability, workers' compensation, civil rights and personal injury cases. I never charge a fee unless I am retained and help my client win.
how horrible to be first criminally mistreated by the flasher and then punished by her boss. I am so sorry. you need to have your mom contact an employment lawyer. Many of us offer free consultations. This is a really outrageous case.
Your mother should not be the victim in this situation. Have her contact an attorney. Many firms have Spanish speaking attorneys that will help. Many attorney's would even take your mother's case on a contingency basis.
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