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Discrimination of Sexual orientation?

  • 20-06-2012 3:48pm
    #1
    Registered Users Posts: 195 ✭✭


    right with a lot less detail, just looking for peoples Opinions on this.. to cut a long long story should, my former manager outed me as gay, she was given a writtten warning and that was it. she has since left, and my new manager last week outed me to 50 customers telling them all i was gay. what do people think of this? also i have a ear piercing and was told numerous times i couldn't wear it. it states in our company handbook, that " Earrings should be stud type and confined to one in each ear.Men are not permitted to wear earrings of any kind" what do people make of this


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Comments

  • Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    Schools come across this earring issue all the time

    If you push it what will happen is they will ban everything for everyone

    Maybe the lady employees won't care but some will rightly see you as the cause and turn on you


  • Registered Users Posts: 195 ✭✭psalbmb


    mikemac1 wrote: »
    Schools come across this earring issue all the time

    If you push it what will happen is they will ban everything for everyone

    Maybe the lady employees won't care but some will rightly see you as the cause and turn on you

    i am aware of that but in a workplace enviroment, this is clearly Discrimination of Gender under the Employment Equality Act 1998, no? anyways im more concerned about the Managers outing me to everyone more so than the earring policy they have


  • Closed Accounts Posts: 5,064 ✭✭✭Gurgle


    How can either manager possibly justify any mention of your sexual orientation / activities to anyone?

    It's a) none of their business, b) nothing to do with your job, c) broadcasting private information

    Surely that's harassment / bullying / (appropriate legal term)


    Forget the earring bit though, if you're in a customer facing role your employer can dictate how you dress even with gender specific rules*

    *Not a legal opinion, just an opinion.


  • Registered Users Posts: 195 ✭✭psalbmb


    Gurgle wrote: »
    How can either manager possibly justify any mention of your sexual orientation / activities to anyone?

    It's a) none of their business, b) nothing to do with your job, c) broadcasting private information

    Surely that's harassment / bullying / (appropriate legal term)


    Forget the earring bit though, if you're in a customer facing role your employer can dictate how you dress even with gender specific rules*

    *Not a legal opinion, just an opinion.

    well as i went through the proper grievance procedures last time with the other manager, i felt my complaint wasn't dealt with in a professional manner and just gave her a warning to shut me up, but now that its happened again, i dont feel comfortable going back to HR again


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    psalbmb wrote: »
    well as i went through the proper grievance procedures last time with the other manager, i felt my complaint wasn't dealt with in a professional manner and just gave her a warning to shut me up, but now that its happened again, i dont feel comfortable going back to HR again

    So she was disciplined but not to your liking? Tough **** on that one really. People are entitled to proper disciplinary procedures. This is a different manager so he would be entitled to the same procedures and warnings as set out in the company policy.

    As to the policy on ear rings, like a previous poster said, if you push that issue as a gender discrimination matter they will likely just ban them for everyone. I think a similar situation arose in one of Senator Norris' court cases against discrimination. The court ruled that although he was correct, a ruling in his favour would only serve to limit other peoples freedoms and would not grant him any rights.

    I'm not sure how this issue is discrimination on the grounds of sexual orientation, unless you think you are treated differently in some way by people knowing you are gay. It sounds more like a breach of confidence. Of course if it is already common knowledge you are gay then there isn't much of a breach there.


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  • Registered Users Posts: 195 ✭✭psalbmb


    MagicSean wrote: »
    So she was disciplined but not to your liking? Tough **** on that one really. People are entitled to proper disciplinary procedures. This is a different manager so he would be entitled to the same procedures and warnings as set out in the company policy.

    As to the policy on ear rings, like a previous poster said, if you push that issue as a gender discrimination matter they will likely just ban them for everyone. I think a similar situation arose in one of Senator Norris' court cases against discrimination. The court ruled that although he was correct, a ruling in his favour would only serve to limit other peoples freedoms and would not grant him any rights.

    I'm not sure how this issue is discrimination on the grounds of sexual orientation, unless you think you are treated differently in some way by people knowing you are gay. It sounds more like a breach of confidence. Of course if it is already common knowledge you are gay then there isn't much of a breach there.

    "common knowledge"?? to who? she didnt say it in front of employee's , who already knew. she had said it in front of Guests/ Customers.. a customer came up to me after to apologise on MY MANAGERS behalf. He could see i was terribly upset


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    psalbmb wrote: »
    "common knowledge"?? to who? she didnt say it in front of employee's , who already knew. she had said it in front of Guests/ Customers.. a customer came up to me after to apologise on MY MANAGERS behalf. He could see i was terribly upset

    Common knowldege as in it's not a secret.


  • Registered Users, Registered Users 2 Posts: 25,532 ✭✭✭✭coylemj


    You're on a hiding to nothing with the earring issue. Any verdict I've seen where this was brought up as a 'gender' issue has found in favour of the employer.

    What the courts have said in multiple countries is that it is perfectly reasonable to have variations on dress code to cover males and females for the simple reason that there are issues which apply only to men and not to women and v.v. and that in most societies, men and women dress differently so it's impossible for an employer to draw up a gender-neutral dress code.

    For example, men can be told that if they have a beard, it must be trimmed to a reasonably short length, women can be told that skirts may not be a certain height above the knee (i.e. no miniskirts) and so on.


  • Registered Users Posts: 195 ✭✭psalbmb


    coylemj wrote: »
    You're on a hiding to nothing with the earring issue. Any verdict I've seen where this was brought up as a 'gender' issue has found in favour of the employer.

    What the courts have said in multiple countries is that it is perfectly reasonable to have variations on dress code to cover males and females for the simple reason that there are issues which apply only to men and not to women and v.v. and that in most societies, men and women dress differently so it's impossible for an employer to draw up a gender-neutral dress code.

    For example, men can be told that if they have a beard, it must be trimmed to a reasonably short length, women can be told that skirts may not be a certain height above the knee (i.e. no miniskirts) and so on.

    well actually if i may correct you their, your wrong. cases similar to mine have been brought and won, for example, a man working in Dunnes Stores was asked to trim/cut his beard to which he refused and he successfully took a claim against them the case was i believe :Dunnes Stores -v- William Peter O' Byrne, where the claimant refused to shave his beard, therefore was dismissed. this constituted gender discrimination. now i havent been dismissed but have been warned that I will be Disciplined , with possible termination of my contract.

    on the Sexual orientation Ground, there has been many sucessful cases , similar to mine where i homosexual was referred to as a 'bloody women' and he was successful in his claim, which was Gabrielle Piazza -V- The Clarion Hotel (Dec-2004).

    So its Kind of hard to decide what is and isnt discrimination


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    psalbmb wrote: »
    well actually if i may correct you their, your wrong. cases similar to mine have been brought and won, for example, a man working in Dunnes Stores was asked to trim/cut his beard to which he refused and he successfully took a claim against them the case was i believe :Dunnes Stores -v- William Peter O' Byrne, where the claimant refused to shave his beard, therefore was dismissed. this constituted gender discrimination. now i havent been dismissed but have been warned that I will be Disciplined , with possible termination of my contract.

    on the Sexual orientation Ground, there has been many sucessful cases , similar to mine where i homosexual was referred to as a 'bloody women' and he was successful in his claim, which was Gabrielle Piazza -V- The Clarion Hotel (Dec-2004).

    So its Kind of hard to decide what is and isnt discrimination

    But you haven't mentioned any kind of negative consequence from a person being outed, in particular in a situation were his orientation is not a secret in the first place.


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  • Closed Accounts Posts: 2,117 ✭✭✭Rasheed


    I can kinda see wher you are coming from, the outing of your sexuality isn't on.

    Just wondering, in what context did your manager announce it? Like jokey way? Where you embarrassed that these people knew you were gay or just that they knew personal information about you?

    Regards to the earring, we have the similar rules in my work place and I kind of agree with them to a certain extent. No harm having everyone looking uniform, presentable and tidy.

    Now I'm not saying your earring is in contrast to these terms, I'm just speaking generally!


  • Registered Users Posts: 195 ✭✭psalbmb


    MagicSean wrote: »
    But you haven't mentioned any kind of negative consequence from a person being outed, in particular in a situation were his orientation is not a secret in the first place.

    well i was Highly embarrassed as a result. the first time it happened, it got so bad that i had to take leave off work due to stress and as a result, i failed all my college exams, and had to re-sit them. the second time, last week made me feel was isolated, totally embarrassed and for some reason, she made me feel ashamed for being me.


  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    psalbmb wrote: »
    well actually if i may correct you their, your wrong

    ^I assume that is deliberate.

    Why have you not looked at more appropriate grounds such as harassment and bullying?


  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    An accusation of bullying might be a better line of argument.


  • Closed Accounts Posts: 6,296 ✭✭✭RandolphEsq


    MagicSean wrote: »
    But you haven't mentioned any kind of negative consequence from a person being outed, in particular in a situation were his orientation is not a secret in the first place.

    Mine eyes! Mine brain! The negative consequence is that people will assume that because the OP is gay, he conforms to many stereotypes, and is gay in everything he does. That is awful!
    MagicSean wrote: »
    So she was disciplined but not to your liking? Tough **** on that one really. People are entitled to proper disciplinary procedures. This is a different manager so he would be entitled to the same procedures and warnings as set out in the company policy.
    A verbal warning? She seemed to casually engage in conversations with randomers on the premise that the OP was gay. She obviously judges him negatively so wants to use it to 'relate' to others, i.e. exploit the fact he is gay for her terribly selfish benefit.
    MagicSean wrote: »
    As to the policy on ear rings, like a previous poster said, if you push that issue as a gender discrimination matter they will likely just ban them for everyone. I think a similar situation arose in one of Senator Norris' court cases against discrimination. The court ruled that although he was correct, a ruling in his favour would only serve to limit other peoples freedoms and would not grant him any rights.
    So what if they ban them? It isn't your fault the closed shop owners throw a blanket ban on earrings just cause they have some gimpy, inbred homophobic fantasy to live out
    I'm not sure how this issue is discrimination on the grounds of sexual orientation, unless you think you are treated differently in some way by people knowing you are gay. It sounds more like a breach of confidence. Of course if it is already common knowledge you are gay then there isn't much of a breach there.
    Rasheed wrote: »
    I can kinda see wher you are coming from, the outing of your sexuality isn't on.

    Just wondering, in what context did your manager announce it? Like jokey way? Where you embarrassed that these people knew you were gay or just that they knew personal information about you?

    Regards to the earring, we have the similar rules in my work place and I kind of agree with them to a certain extent. No harm having everyone looking uniform, presentable and tidy.

    Now I'm not saying your earring is in contrast to these terms, I'm just speaking generally!
    Hard to see past the earring policy as anything other than a homophobic policy.

    We need pics OP to properly assess your case!


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Mine eyes! Mine brain! The negative consequence is that people will assume that because the OP is gay, he conforms to many stereotypes, and is gay in everything he does. That is awful!




    Hard to see past the earring policy as anything other than a homophobic policy.

    We need pics OP to properly assess your case!

    Looks like you got lost on your way to After Hours.


  • Registered Users, Registered Users 2 Posts: 1,022 ✭✭✭dazed+confused


    psalbmb wrote: »
    well i was Highly embarrassed as a result. the first time it happened, it got so bad that i had to take leave off work due to stress and as a result, i failed all my college exams, and had to re-sit them. the second time, last week made me feel was isolated, totally embarrassed and for some reason, she made me feel ashamed for being me.


    Was it really that stressful? I appreciate you were embarressed but it's hardly cause for you to fail your exams. Stand up and take a bit of responsibility.

    If you are openly gay then what's the big deal and if you are not why didn't you keep it to yourself instead of telling or making it clear to your manager that you are?


  • Registered Users, Registered Users 2 Posts: 5,294 ✭✭✭source


    I'm really struggling to see the discrimination in this situation, while what happened to you was horrible, I wouldn't call it discrimination, I would say you've a very strong case for bullying.

    with regard to your ear ring. you would have been provided with a copy of the dress code along with your terms of employment, and your contract, this happens in pretty much all businesses. You chose to accept it then, but dispute it now.

    I would also echo what previous posters said, the likely outcome of you pushing the issue will be a blanket ban on ear rings, which will make you very unpopular with the females you're working with.

    Edit: if you're worried about the hole closing over, then you can get a clear plastic tube that will keep it open.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    source wrote: »
    I'm really struggling to see the discrimination in this situation, while what happened to you was horrible, I wouldn't call it discrimination, I would say you've a very strong case for bullying.

    with regard to your ear ring. you would have been provided with a copy of the dress code along with your terms of employment, and your contract, this happens in pretty much all businesses. You chose to accept it then, but dispute it now.

    I would also echo what previous posters said, the likely outcome of you pushing the issue will be a blanket ban on ear rings, which will make you very unpopular with the females you're working with.

    Edit: if you're worried about the hole closing over, then you can get a clear plastic tube that will keep it open.

    My understanding is that the op was not happy with the disciplinary action on the last manager who outed him and believes that the same action will be taken so wants to inflate the complaint so that a greater disciplinary action is taken.


  • Registered Users Posts: 195 ✭✭psalbmb


    Was it really that stressful? I appreciate you were embarressed but it's hardly cause for you to fail your exams. Stand up and take a bit of responsibility.

    If you are openly gay then what's the big deal and if you are not why didn't you keep it to yourself instead of telling or making it clear to your manager that you are?

    whether of not i am openly gay, it shouldn't be ok for my Manager to do this. and for the record, i am not an openly, camp queen as people may think gay people are. i wanted to keep it to myself as its no one elses business until my ex manager had 'outed' me to everyone, so i'd no choice.


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  • Registered Users Posts: 195 ✭✭psalbmb


    MagicSean wrote: »
    My understanding is that the op was not happy with the disciplinary action on the last manager who outed him and believes that the same action will be taken so wants to inflate the complaint so that a greater disciplinary action is taken.

    exactly MagicSean! i believe that the company did not follow their disciplinary procedures correctly last time, as set out in our company handbook. Just wondering, am i allowed to upload a picture of our company handbook policy of the use of earrings, excluding the company name?


  • Registered Users Posts: 195 ✭✭psalbmb


    SEE ATTACHMENT RE: EARRING POLICY

    however this thread is more so about my options about what my manager has done


  • Registered Users, Registered Users 2 Posts: 5,294 ✭✭✭source


    psalbmb wrote: »
    SEE ATTACHMENT RE: EARRING POLICY

    however this thread is more so about my options about what my manager has done

    nothing wrong with this policy, as has been said already in this thread. and as I said, you shed to these terms when you accepted your job.

    what you do have is a bullying claim against your manager. While you might not feel like the company handled it correctly the last time this happened, your manager is entitled to have a fair hearing, if you're not happy with the outcome of the hearing then get yourself a solicitor.

    once more, I don't believe this isn't discrimination, It's bullying.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    psalbmb wrote: »
    whether of not i am openly gay, it shouldn't be ok for my Manager to do this. and for the record, i am not an openly, camp queen as people may think gay people are. i wanted to keep it to myself as its no one elses business until my ex manager had 'outed' me to everyone, so i'd no choice.

    Nobody mentioned anything about you being camp. If people already knew your orientation then further outing you to other people is not an issue. There's nothing to suggest anyone thinks any less of you. To be honest, it seems you are the one with issues about your sexuality.
    psalbmb wrote: »
    exactly MagicSean! i believe that the company did not follow their disciplinary procedures correctly last time, as set out in our company handbook. Just wondering, am i allowed to upload a picture of our company handbook policy of the use of earrings, excluding the company name?

    The two issues are seperate. The manager outing you is a breach of your confidence and is also inappropriate behaviour bordering on bullying. She would likely be disciplined for this like the last manager, although it's obvious you don't feel the discipline was sufficient.

    The earring thing is an issue of gender discrimination and not on the basis of sexual orientation and as many people have already told you it is a legally acceptable policy.


  • Registered Users Posts: 195 ✭✭psalbmb


    source wrote: »
    nothing wrong with this policy, as has been said already in this thread. and as I said, you shed to these terms when you accepted your job.

    what you do have is a bullying claim against your manager. While you might not feel like the company handled it correctly the last time this happened, your manager is entitled to have a fair hearing, if you're not happy with the outcome of the hearing then get yourself a solicitor.

    once more, I don't believe this isn't discrimination, It's bullying.

    well i think its a bit of both, Bullying and Discrimination of Sexual orientation, as the manager in question wouldnt of stated the fact, i was straight now would she. she had only mentioned it, as i was Gay, which constitutes discrimination, or bullying, depending on how you look at it


  • Registered Users, Registered Users 2 Posts: 5,294 ✭✭✭source


    psalbmb wrote: »
    source wrote: »
    nothing wrong with this policy, as has been said already in this thread. and as I said, you shed to these terms when you accepted your job.

    what you do have is a bullying claim against your manager. While you might not feel like the company handled it correctly the last time this happened, your manager is entitled yourself a solicitor.

    once more, I don't believe this isn't discrimination, It's bullying.

    well i think its a bit of both, Bullying and Discrimination of Sexual orientation, as the manager in question wouldnt of stated the fact, i was straight now would she. she had only mentioned it, as i was Gay, which constitutes discrimination, or bullying, depending on how you look at it

    discrimination would be not selecting you for tasks because of your sexual orientation.

    telling people you're gay doesn't count as discrimination, it is bullying plain and simple.


  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    MagicSean wrote: »
    Nobody mentioned anything about you being camp. If people already knew your orientation then further outing you to other people is not an issue. There's nothing to suggest anyone thinks any less of you. To be honest, it seems you are the one with issues about your sexuality.
    That the customer felt they had to comment suggest that it was more than the OP who had problems with what was said.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Victor wrote: »
    That the customer felt they had to comment suggest that it was more than the OP who had problems with what was said.

    You seem to have misread my post. I said that only the op seemed to be making an issue of his sexuality. The fact that it was inappropriate of the manager goes without saying.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    jblack wrote: »
    Jesus Source - there's no need to bring his sex life into this.
    This isn't After Hours...


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  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    This isn't After Hours...

    Apologies My Lord.

    Removed.


  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    This isn't After Hours...

    That said, FS, leaving the quote in your mod post could make it look like something offensive rather than humorous was said. Context removed, and all that...


  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    That said, FS, leaving the quote in your mod post could make it look like something offensive rather than humorous was said. Context removed, and all that...

    I wasn't sure whether he was giving a wrap on the knuckles or just jesting.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    TBH mainly jesting. I knew it was a joke and quite an amusing one at that; I just want to be sure we don't stray too far into the territory of some of our, let's say, light-hearted fora :D


  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    TBH mainly jesting. I knew it was a joke and quite an amusing one at that; I just want to be sure we don't stray too far into the territory of some of our, let's say, light-hearted fora :D

    Back on track then - I know earlier I suggested bullying and posters are now advising this is the way to go. In fact bullying is quite limited and without any sort of personal injury as a result of it the only real recourse is a complaint to the HSA which penalises the employer rather than compensating the employee.

    An harassment claim would be more appropriate here as it is an equality issue.


  • Registered Users Posts: 195 ✭✭psalbmb


    well this manager in question, obviously has a problem with me. Either that or she speaks without thinking!, just today she commented that i was wearing black trousers, black shoes and white socks, which were not noticeable unless i was sitting down, which i dont, only on my break. her comment as she walked towards me and seen them was " oh Jesus, i was gonna say you look like a gay bastard with those socks on, but i forgot you are a gay bastard ".. now is it just me or am i just imagining this direct discrimination/bullying>??


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  • Registered Users, Registered Users 2 Posts: 5,294 ✭✭✭source


    psalbmb wrote: »
    well this manager in question, obviously has a problem with me. Either that or she speaks without thinking!, just today she commented that i was wearing black trousers, black shoes and white socks, which were not noticeable unless i was sitting down, which i dont, only on my break. her comment as she walked towards me and seen them was " oh Jesus, i was gonna say you look like a gay bastard with those socks on, but i forgot you are a gay bastard ".. now is it just me or am i just imagining this direct discrimination/bullying>??

    For once and for all, drop the discrimination bit, look:
    From Collins English dictionary; discrimination
    ▶ noun [mass noun]
    1. the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex: victims of racial discrimination | discrimination against homosexuals.

    This does not fit with what you have described. You're being bullied, not discriminated against. You need to report this as bullying and get something done about it.


  • Registered Users Posts: 195 ✭✭psalbmb


    This does not fit with what you have described. You're being bullied, not discriminated against. You need to report this as bullying and get something done about it.[/QUOTE]

    well my HR Manager is off on annual leave (Sunning herself on holidays)till the 3rd of July

    and as for the discrimination( treated less favorably), yes i have actually, which i didnt mention. my hours have been reduced substaincially. i am put on double shifts without prior consent. ie: she doesnt ask me, she puts me on these shifts when she knows i cant stay and do like a 15/17 hour shift.

    now i actually originally had stated this, and more before but a moderator took it down as i had to much detail etc


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Just had a quick flick through the thread psalbmb and I didn't see if anyone asked you were you in a union? or is their a union for your working sector you could join?. If you are in a union contact them immediately. They will unleash hell and firestorm upon the store because bullying is the hot topic at the moment. If your not in a union see about joining one.


  • Registered Users Posts: 195 ✭✭psalbmb


    ken wrote: »
    Just had a quick flick through the thread psalbmb and I didn't see if anyone asked you were you in a union? or is their a union for your working sector you could join?. If you are in a union contact them immediately. They will unleash hell and firestorm upon the store because bullying is the hot topic at the moment. If your not in a union see about joining one.

    hi Ken, no unfortunately, i am not part of a union, nor does anyone else in the place in which i work have a union. but we were thinking of joining one anyways. but by the time that's all set up etc, the 6 months(12 with reasonable cause), if i we're to take a claim would be up


  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    psalbmb wrote: »
    hi Ken, no unfortunately, i am not part of a union, nor does anyone else in the place in which i work have a union. but we were thinking of joining one anyways. but by the time that's all set up etc, the 6 months(12 with reasonable cause), if i we're to take a claim would be up

    12 months exceptional circumstances, not reasonable cause.


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  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    psalbmb wrote: »
    i am put on double shifts without prior consent. ie: she doesnt ask me, she puts me on these shifts when she knows i cant stay and do like a 15/17 hour shift.
    Double shifts have dubious legality - unless there is an industry or other agreement, you aren't meant to work more than 13 hours in one day.

    You are entitled to know you hours in advance - typically the previous day that you worked.


  • Banned (with Prison Access) Posts: 28 Claire McCarthy Cork


    GLEN have a publication for employers about LGBT diversity in the workplace, here: http://www.glen.ie/attachments/Lesbian_Gay_and_Bisexual_Diversity_in_the_Workplace.PDF

    There is a section in there about how employers should prevent and respond to bullying & harrassment in the workplace - it might give you some clues as to whether your HR department are doing all they should/ could, and about what you might ask them to do better.

    If you do want to make a formal complaint, it's all more streamlined now that (as of very recently) there is only one form to use, whether you are dealing with discrimination or bullying, and whether you need the EAT or the Rights Commissioner or whatever other forum. The form can be found here http://www.workplacerelations.ie/en/services/howtomakeacomplaint/

    That website is a new initiative of the Dept of Enterprise. It is a one-stop-shop gathering all the information that was on the sites of NERA, the Equality Authority etc so it's very handy. It provides an early resolution service as well. I haven't had any experience of using it yet, as it's very new. In theory though, that should provide you with support that would help to prevent this from turning into a full-on bullying case.

    Good luck and don't stop standing up for yourself :) What your manager did is way out of line in my humble opinion.


  • Registered Users Posts: 195 ✭✭psalbmb


    GLEN have a publication for employers about LGBT diversity in the workplace, here: http://www.glen.ie/attachments/Lesbian_Gay_and_Bisexual_Diversity_in_the_Workplace.PDF

    There is a section in there about how employers should prevent and respond to bullying & harrassment in the workplace - it might give you some clues as to whether your HR department are doing all they should/ could, and about what you might ask them to do better.

    If you do want to make a formal complaint, it's all more streamlined now that (as of very recently) there is only one form to use, whether you are dealing with discrimination or bullying, and whether you need the EAT or the Rights Commissioner or whatever other forum. The form can be found here http://www.workplacerelations.ie/en/services/howtomakeacomplaint/

    That website is a new initiative of the Dept of Enterprise. It is a one-stop-shop gathering all the information that was on the sites of NERA, the Equality Authority etc so it's very handy. It provides an early resolution service as well. I haven't had any experience of using it yet, as it's very new. In theory though, that should provide you with support that would help to prevent this from turning into a full-on bullying case.

    Good luck and don't stop standing up for yourself :) What your manager did is way out of line in my humble opinion.


    Thank You very much for that useful information. its just very hard in the work enviroment at the moment with this particular manager and as my HR Manager is away on annual leave, i don't know who to turn to. thanks again


  • Banned (with Prison Access) Posts: 2,827 ✭✭✭christmas2012


    i think the last manager being let go was proper order,but the new manager outing you to 50 customers was not on,but they might have done it innocently enough,maybe they did not understand the impact on you,of what they were doing how it might affect you.

    wearing the earrings is a no - no,its nothing personal on you,thats just their health and saftey policy - company rules and all that.i would make a point of abiding by it,that has nothing to do with your sexual status..


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    This is an odd one. On the one hand being gay is not something to be be ashamed of anymore - but stating someones sexual orientation is wrong?

    Wasn't there a defamtion case where the it was held calling someone gay was no longer an issue. I realise it was more complex than that as alleging they had a secret life was defamation but still wouldn't a similar principle apply?

    I relaise that context is very important in that given the right circumstances it could be bullying in the same way as calling someone straight could be.

    I know this is more of a stream waffle but I suppose my point is why be embarrased about your sexual orientation?


  • Banned (with Prison Access) Posts: 28 Claire McCarthy Cork


    ...one last thing....

    Harassment is a form of discrimination which is prohibited under Ireland's Employment Equality Acts [section 14 (a)] as required by European Directives.

    The relevant definitions in the Act are:
    "Harassment" = "any form of unwanted conduct related to any of the discriminatory grounds" (sexual orientation, as you know, is one of the prohibited grounds)

    “Sexual harassment" = any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, being conduct which in either case has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.


  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    This is an odd one. On the one hand being gay is not something to be be ashamed of anymore - but stating someones sexual orientation is wrong?

    Surely stating anybody's personal life to a large crowd is inappropriate?


  • Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    This is an odd one. On the one hand being gay is not something to be be ashamed of anymore - but stating someones sexual orientation is wrong?

    Wasn't there a defamtion case where the it was held calling someone gay was no longer an issue. .

    I know this is more of a stream waffle but I suppose my point is why be embarrased about your sexual orientation?

    Reynolds v Malacco

    Any person, regardless of their sexual orientation has the right no to be discriminated against on that ground.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Victor wrote: »
    Surely stating anybody's personal life to a large crowd is inappropriate?

    Yes - can't really dispute that to be fair.


  • Registered Users Posts: 195 ✭✭psalbmb


    **UPDATE*** just quick update guys. So i went on Tuesday last to complain to the Hr Manager and i was told to have a think about whether or not i should put in the formal grievance against the manager in question, as "not to frighten you, but as a casual employee, the could reduce your hours". so i went away and thought about it and went back up to HR on Friday, to be told that the General Manager wants to arrange a disciplinary meeting with myself, as i stayed in the hotel were i work, which was authorized by him, therefore i was a guest. however later that night yes i know stupidly, i went in behind the bar, drunk and tried to pour myself a pint, which was taken off me, and i went to bed. now they are saying this is Gross Mis-conduct and that its a sack-able offence. i feel that they are only doing this now as i complained about my Manager. any suggestions? very detailed and complicated story i know!


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