A few months ago, my manager overheard me talking to a coworker about living with my girlfriend. She then asked if I lived with her and asked if we were married. I told her we weren't. She then told me I was living in sin because of this. Is this a form of harassment?

A few months ago, my manager overheard me talking to a coworker about living with my girlfriend. She then asked if I lived with her and asked if we were married. I told her we weren't. She then told me I was living in sin because of this. Is this a form of harassment?
But none of her business lol! It would be a problem, if she fired you over the fact.

I did receive what I think is unfair treatment after the incident, and was eventually fired for something my coworkers also do.

I do not think that this one comment constitutes harassment solely in itself. More would have to exist in order to qualify. EEOC has a wonderful website that goes into detail on what legally constitutes harassment and discrimination. Feel free to visit their website at www.eeoc.gov/ (http://www.eeoc.gov/).

Can you provide more detail on your situation? It's hard to comment with such limited information.

What state are you in? Only a few view marital status as a protected class. Otherwise, living with someone is not protected by law.

I don't think it's how I live that's the issue. I think it's being judged by someone in a managerial position based on their religious beliefs and the fact I live against them. Wouldn't this fall under religious harassment/discrimination?

I'm sure if I was told I'm living in sin because I live with my BOYfriend, many reg flags would be raised. You're allowed to judge someone on who they live with as long as the relationship isn't homosexual?

I'm just trying to establish a basis for what I believe was the unfair treatment that followed up to the time I left. I believe this particular incident instigated said treatment.

I'm in Las Vegas, by the way.

You'd only have a religious discrimination claim if you were treated differently because of your religion. That is not the case here, as it is quite possible that you are the same religion as the person who made the comment and simply adhere to a different interpretation of the doctrine. If you're being treated differently, it is because you choose to cohabitate with an unwed partner, and not because of your faith.

I don't think that being heterosexual makes a difference in this case. Even in a state where sexual orientation is protected, your sexual orientation was never challenged. The comment only involved the cohabitation and not the sex of your partner, unless there's something further you didn't mention.

I'm not familiar with the specifics of Nevada but I'm sure someone else will be....
Janet

If such a comment was made to a homosexual, I think it would spell the end of employment for whoever said it, whether it was referring to living with a partner of the same sex or living with a partner out of wedlock. I don't see why a homosexual should have more rights than a heterosexual, just because they can play the homosexual card. That itself is discrimination.

Also, I feel treatment toward me after this incident was negatively affected. I'll share some examples.

I had worked there for four years when the only person who had been there longer left to pursue better opportunities. This person had the hours of the shift I worked that everyone who worked there would agree were the most desirable. When he left, I requested those hours, only to be denied, and they were given to a new hire. No real reason was given why the hours weren't given to me, just that I can't have them.

Another incident involved the changing of my hours for a shift two days beforehand with no advanced notice. Usually, when a change is made after the schedule for that week is released, the revised schedule along with the name of the employee it affects and the changed hours are posted so it is knows that there's been a change. No such actions were taken for me. I was only informed after I showed up two hours early and was told to work until my new departure time, which would make for a 10-hour shift for the day.

The employee who I mentioned earlier that had worked there longer than me had a similar occurance. However, the fault was on him, as his change had a week notice, but he never checked the schedule and assumed his hours never change. He shows up two hours early, but is allowed to leave at his usual departure time, making a normal 8-hour shift.

Also, soon after this manager arrived, we had an employee meeting, which I missed due to illness. I came back the next day, and the assitant manager asked how I was feeling and went over what was discussed in the meeting, and that was the end of it. After the sin comment was made, another meeting took place which I missed, due to having to repair my mother's car. I still was able to show up for work that day, and only missed the meeting. Again, the assistant manager asked if everything was okay and he would go over the meeting with me. The manager, however basically chewed me out for missing this one. She asked why I wasn't there, and I explained what happened, and was told that's no excuse and work was more important. I replied, "I'm here, aren't I?"

So yeah, I feel I've been discriminated against just because she didn't agree with how I live my life.

Frankly, I agree with the others and don't think you have much of a "case" here based on my limited understanding of how the applicable employment laws are applied here. My understanding of how religious disrimination is interpreted agrees with what others said.

However, the facts you present suggest an entirely new wrinkle to the concept of religious discrimination. Since the law is constantly evolving, I have to wonder if there is a remote chance yours could be a test case for a new way to look at religious discrimination. *I* would not want to pursue this any further as I suspect it is likely tilting at windmills. But if *you* feel that strongly about it, what have you got to lose by having an initial consultation with an employment law attorney?

What were you fired for?

I don't know Nevada law, but in California that would be marital status discrimination. You may want to consult the EEOC or the Nevada state agency that handles these claims to see whether that is protected in your state.

Unless the law has been changed in the last 18 months, Nevada does not protect marital status.

I won't speak for California, but in most states, a single comment is not sufficent for a harassment claim.

In California, a single slur can be evidence of a discriminatory animus, if there is a pretextual termination shortly thereafter.

What is the manager's religion? What is yours?

The manager's single statement that you were "living in sin" wouldn't rise to the level of illegal harassment, even if tied to religion.

Religious discrimination can occur when an employer requires an employee to adhere to his/her religious beliefs and takes adverse action against the employee when he doesn't. However, the incidents you provide don't suggest actionable adverse treatment. They seem rather negligible.

You haven't indicated why you were terminated. But to proceed with your allegation, you are going to have to show that you wouldn't have been terminated had you committed the infraction before the manager learned that you "were living in sin."

As I said, Megan, I'm not speaking for California. But it's irrelevant anyway, since the poster is in Nevada. :D