Is this considered discrimination/harrassment?

[Anon333]

I was recently in a discussion with a co-worker and I would like to know if my comments to him could be considered harrassment or racial harrassment. I am his immediate supervisor but by company definition of my job title I am not allowed to fire, discipline, or provide evaluation of any employee. I called this employee into the office and asked him not to talk to 2 other employees until they were finished with an important job they were working on. I did not raise my voice nor did he. He told me that I needed to ask him right. I told him that I thought I was asking him correctly. He then said that I wasn't asking him right (I assumed at the time that he was questioning my grammatical wording of my statement). I then asked him "should we consider my way of saying it as right or his because I have been speaking English all of my life and he was still learning" (he has on several prior occasions told me he did not understand me because he did not speak good English). He then told me he thought I was harrassing him.Can this be considered harrasment? This is the only incident in which I have ever been accused of harrassment. I have looked at the EEOC website on what constitutes harrassment and while he may consider this 'unwelcome conduct', I don't believe it was 'severe' and certainly not 'pervasive'.

 

[jharris352]

I think he is a problem employee. You didn't do anything wrong if you are accurately describing the incident.

 

[Anon333]

I accurately described the incident and I had 2 witnesses in the office. My company gave me 3 days off without pay pending a final determination. My accuser is the Union president of which I am not a member (I am a hourly supervisor and can join the union). I have been told there's not much I can do because the company can decide what is considered harrassment. I have heard that my accuser had threatened a greivance and I believe they are covering their bases. I have a meeting tomorrow and I'm not sure what I should do. Do I sign the write up and take my lumps or should I refuse to sign and tell my company that I disagree with their decision that I did something wrong?

 

[Patricia_Young]

Signing a "write-up" does not mean you agree you did anything wrong. It means you have been informed of the employer's stance on the situation. Refusing to sign it can be considered insubordination.

"Harrassment" is in the eye of the beholder. Unfortunately, "intent" is irrelevant. Personally, I think the accuser is being petty, but that's not my decision to make.

 

[Anon333]

As I thought, I have been demoted from hourly supervisor to technician(about a $6.00 hour cut in pay). I was not written up and did not have to sign anything but was told it was because of the incident and the company felt it was best that I was removed from supervision. I am not sure why they did it this way since they can move anyone in or out of hourly supervision positions as they see fit. I suspect it's because 2 years ago I put in my notice and the company kept me by paying me the same amount I was going to make at the new job by making me a hourly supervisor. I told them at that time that I didn't want to be a hourly supervisor and they told me it would be in name only so they could pay me more and skirt around the union pay grade.

Just thought I would update anyone looking at this thread and I would like to thank everyone for the information. Thank You!