Customer Harassment

[SOS0]

LETS FLIP THE SCRIPT WITH THIS ONE! I WORK IN SECURITY, I AM THE SUPERVISOR, AND I HAVE BECOME THE VICTOM OF VERBAL HARASSMENT. AN EMPLOYEE FROM A TENANT COMPANY BECAME IRRATE AND VIOLENTLY BEGAN TO SCREAM REPEATED INSULTING COMMENTS REGARDING MY MENSTRIAL CYCLE WITH IN THE PRESENCE OF MY MANAGER. I RESPONDED TO HIS COMMENTS BY EXPLAINING TO THIS PERSON THAT I WAS NOT GOING TO ARGUE WITH HIM, I DO NOT FEEL COMFORTABLE WITH THIS CONVERSATION, SO YOU JUST NEED TO LEAVE NOW! AFTER THE 5TH TO 6TH TIME I CONTACT THE TENANT TO WHICH HE IS EMPLOYED AND REGISTERED A FORMAL COMPLAINT. I ADVISED THEM THAT THIS PERSON IS TO BAN FROM ENTRY DUE TO HIS CONDUCT, THE TENANT AGREED. MANAGEMENT IS NOW FORCING ME TO LET THIS PERSON ENTER THE COMPLEX STATING THE DECISION TO BAN THIS PERSON IS TOTALLY UP TO THE TENANT AND THERE IS NOTHING MY MANAGER CAN DO TO RESOLVE THE ISSUE. THE EEOC HAS ADVISED ME THAT I HAVE THE RIGHT TO DENY THIS PERSON ENTRY, I HAVE ADVISED MY MANAGER OF SUCH BUT HE IS STILL DETERMINED THAT IT IS THE TENANTS DECISION! I HAVE DONE SOME INTERNET RESEARCH AND DISCOVERED THAT THERE WAS A SUPREME COURT CASE HELD IN CALIFORNIA REGARDING A CASHIER BEING HARASSED BY CUSTOMERS IN THE SAME MANNER AND SHE WON. THE INFORMATION THIS CASE PROVIDED STATED THIS ISSUE CONSTITUTED THIRD PARTY HARASSMENT WITH INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, A.K.A.THE FEDERAL APPROACH: A FAIRER BALANCE. BUT, I AM UNABLE TO FIND THIS INFORMATION AT THE EEOC FOR MICHIGAN, WHERE DO I LOOK NEXT?

 

[Beth3]

LETS FLIP THE SCRIPT WITH THIS ONE! How about turning off the caps lock? It makes your post is very difficult to read.

I ADVISED THEM THAT THIS PERSON IS TO BAN FROM ENTRY DUE TO HIS CONDUCT, THE TENANT AGREED. MANAGEMENT IS NOW FORCING ME TO LET THIS PERSON ENTER THE COMPLEX STATING THE DECISION TO BAN THIS PERSON IS TOTALLY UP TO THE TENANT AND THERE IS NOTHING MY MANAGER CAN DO TO RESOLVE THE ISSUE. You do not have the authority to require a tenant to ban his employee from the premesis and neither does your manager unless the lease terms specify that.

Do I understand correctly that there was only one incident with this individual during which he made these sorts of references? (AN EMPLOYEE FROM A TENANT COMPANY BECAME IRRATE AND VIOLENTLY BEGAN TO SCREAM REPEATED INSULTING COMMENTS REGARDING MY MENSTRIAL CYCLE WITH IN THE PRESENCE OF MY MANAGER.)

 

[SOS0]

S.o.s

1. I did not state required, I stated requested.
2. We are actually talking about a parcel of "private property" total 29.5 acres that houses 18 wheeler vehicles and a training school to learn how to drive such. this federally mandates this property under DOT regulations.
3. The managers of the property provides an house security team.
4. There are 3 people that claim to be part property manager, 2 of being the actual property owners.
5. I have worked there for 11 and a half years and am the only Supervisor on staff.

Yes, this was the first offense from this union driver and he did violate the unions code of conduct. The tenant did agree to ban, my manager will not allow compliance to such.

The question is: Where can I find the laws regarding third party harassment was it not??? My managers are not aware of this law!

 

[Beth3]

There's no separate law that addresses this. All forms of gender discrimination, including sexual harassment, is prohibited by Title VII which can be found at www.eeoc.gov. What you're really looking for is case law on third party sexual harassment to see how the courts have interpreted that and for that you'll need to go digging around on the internet or on westlaw.com.

For what it's worth, third party sexual harassment is not the issue here. The issue is whether this tennant's employee sexually harassed you when he said what he said directly to you. 3rd party SH would apply if you were exposed to the sexually explicit behavior of others in the workplace (as a crude but illustrative example, two co-workers going at it on top of the photo copier.)

 

[SOS0]

Third Party Harassment

Tks for your reply, I have dug around some and found a case handled by the supreme court in the state of California regarding this issue, but I have forgotten where I found it the first time.

There' still more to the issue = day 1 the tenant guarenteed this driver would not return for atleast 48 hours allowing time for a judgement. the driver did return about 3 hours later. I took a day off the on the following day to avoid any further conflict. I returned to work 5 days later; this driver pulled an intimidation move this was also witnessed by management to whom contacted the tenant regarding such. The next day management finally decided to ban the person only after trying to convince not to push the issue due to the driver living in the same area that I do as if he may have made some type of personal threat. On the following day the driver did not reappear, so I'm hoping this will be the end of it.