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Civil Service Code 20/Harassment

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Ninastorm

Junior Member
What is the name of your state?What is the name of your state? California

About a month ago, a series of emails were sent from one place to another, back and forth. These emails were slanderous, fradulant and had sexually explicit language in them. Due to the inappropriate nature of the emails, I reported them to administration. Did I feel offended by them? Most certainly I did, 1) because of the language in them; 2) because of the slanderous content in them about another employee; 3) because the people who were sending the emails back and forth had used an administrator's name in the "from" section. That upalled me and offended me. Administration conducted an investigation, the individuals were put on administrative leave while being investigated, and came back to work three weeks later. I am not happy with the decission or reprimand -- they are still working there! I am uncomfortable working with these individuals, they are condescending, disrespectful and bothersome to work with. They stand around talking about others, they talk about their children and their wives like they were garbage, they try to coerce others into agreeing with them, etc.

They turned around and filed a complaint against me for having a license plate frame that says, "My other ride is your man," which I have had for three years, now; two of which I have been working at the agency of record. The administration called me into their office and told me I had to take it off because it offended somebody, and that a complaint had been filed. Admin proceeded to state that my license plate frame violated Civil Service Code 20 -- Sexual Harassment/Harassment in the Workplace. I was dumbfounded! I work for the county. They told me that as long as I park on county property, that I cannot have that license plate frame on my car. Now I am seeking legal assistance because not only am I being retaliated against, but my First Amendment Rights are being violated. I have also contacted the union. The license plate frame does not target anybody, and by NO means does it hinder anybody from carrying out their work duties. I followed administration's directive and took it off. However, I am still having issues with their reasoning.

I spoke with EEOC, and they told me that if the PUBLIC (a civilian) parks in a county parking lot and somebody complains about something inappropriate on a car, the owner has to remove it or else they, too, are in violation of Civil Service Code 20. So, this is telling me that 1st Amendment no longer is valid? The funny thing about it is that when I requested documentation on our meetings (both from admin and EEOC), they told me that it was not necessary. I want documentation for my own records. it is not the license plate that bothers me, it is the technicality behind it.

Please advise.
 


mitousmom

Member
The First Amendment Right to freedom of speech is not absolute. Courts have recognized many exceptions to that right, including for obscenity. And, clearly the courts have ruled that the 1st amendment right does not give an employee the license to engage in behavior in the workplace that is sexually harassing.

Sexual harassment is based on a reasonableness standard. Would a reasonable person be offended by the alleged harassing behavior? Apparently, the statement on your license plate frame is sufficiently sexually charged to be viewed as offensive and a form of sexual harassment. It doesn't have to "target anyone" to be sexual harassment and you may not be in a position to know whether it interferes with anyone's ability to do his/her job.

Your employer didn't retaliate against you. Your co-workers did. Your employer received two complaints of sexual harassment and they acted on both as required by federal statute.

You had a choice. If you wanted to continue to park on county property, you had to remove the offending frame. Keep it and park somewhere else.

I know of no requirement that your employer provide you with documentation for its decision.
 

Ninastorm

Junior Member
mitousmom said:
The First Amendment Right to freedom of speech is not absolute. Courts have recognized many exceptions to that right, including for obscenity. And, clearly the courts have ruled that the 1st amendment right does not give an employee the license to engage in behavior in the workplace that is sexually harassing.

Sexual harassment is based on a reasonableness standard. Would a reasonable person be offended by the alleged harassing behavior? Apparently, the statement on your license plate frame is sufficiently sexually charged to be viewed as offensive and a form of sexual harassment. It doesn't have to "target anyone" to be sexual harassment and you may not be in a position to know whether it interferes with anyone's ability to do his/her job.

Your employer didn't retaliate against you. Your co-workers did. Your employer received two complaints of sexual harassment and they acted on both as required by federal statute.

You had a choice. If you wanted to continue to park on county property, you had to remove the offending frame. Keep it and park somewhere else.

I know of no requirement that your employer provide you with documentation for its decision.

What do you mean by "I may not be in a position to know whether it interferes with anyone's ability to do their job?"

We all work in an institutional setting as detention officers. The two that complained work the graveyard shift, and have nothing to do but gossip about others. I work the 2-10 shift and sometimes 11:30 to 7:30... I have had it on my car for three years, and they are just now complaining... again, in retaliation of the complaint behind the sexually explicit emails. The actual statement on the frame does not inhibit anybody from carrying out their job duties; i.e., maintaining safety and security of the inmates and institution, which is the primary goal as detention personnel.
 

mitousmom

Member
You can continue to argue, but you are going to lose this one. You don't have a first amendment claim and your employer concluded, whether you agree or not is irrelevant, that your license plate frame was offensive and ordered you to remove it if you wanted to continue to park on county property. You haven't been meaningfully harmed by their request.

Your reaction to their complaint is probably giving those who complained in the first place a great deal of satisfaction. They accomplished their mission to upset you. I wouldn't continue to give them that satisfaction.

Unfortunately, exercising your rights to protest is not always risk free. If you unreasonably continue to pursue this against your employer, you risk angering them. I don't think this one is worth that risk.
 

Ninastorm

Junior Member
mitousmom said:
You can continue to argue, but you are going to lose this one. You don't have a first amendment claim and your employer concluded, whether you agree or not is irrelevant, that your license plate frame was offensive and ordered you to remove it if you wanted to continue to park on county property. You haven't been meaningfully harmed by their request.

Your reaction to their complaint is probably giving those who complained in the first place a great deal of satisfaction. They accomplished their mission to upset you. I wouldn't continue to give them that satisfaction.

Unfortunately, exercising your rights to protest is not always risk free. If you unreasonably continue to pursue this against your employer, you risk angering them. I don't think this one is worth that risk.

Thank you for your input, and it is appreciated. They do not know that I have reacted in any way, shape or form. They do not know that I habve contacted EEOC, nor do they know that I seeked legal advice -- They are clueless. So, no, they have not gained any satisfaction at all.
 

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