I am a female car saleperson that recently joined a California auto dealership that is owned by a publicy traded company. I am the only female salesperson at the dealership but I am shocked that a company withe 8k+ employees would address harrassment complaints in the manner that they have.

After joining the dealership, my first couple of days was sent to pick up the guy's lunch daily, sent for cokes, etc. In addition, my boss treated me differently than the male salesreps by constantly yelling at me and ordering me around.

Upon completing my second shift, I was coached by my boss about the dress code and told that I need to dress more like a woman by wearing skirts versus dress slacks. I pointed out that I was uncomfortable doing so as I had to get in and out of vehicles in front of customers all day plus I was told by him that I could wear dress slacks during my interview. He just replied that I had to do it and ended the conversation.

Later that night he called me on me cell phone, sounding drunk an continuly repeating himself, and offered to take me out shoppng, told me he loved me, etc. I clearly told him no.

Anyway, I complied and wore a skirt to work the next day but he was all over me, yelling at me for everything I did, etc. I left and sent a written complaint by fax to the General Sales Manager.

I then received a call from the General Sales Manager during which I was informed that he was taking my complaint as a resignation letter and would send me a check for the three days that I had worked. I kept explaining to him that it was a complaint not a regisnation but he did not seem to care.

At that point, I took my complaint, that I had sent by fax, to the EEOC and the investigator agreed that it was not a resignation letter but a complaint although they offered to take a charge at that time, I declined citing my desire to work the situation out with my employer. I then contacted Human Resources and told them about the GSM and the EEOC's position on my compllaint. The HR rep asked me, "you mean you brought your complaint to the EEOC?" I explained that I did but only because of the GSM forcng
my resignation. Then the HR manager suspended me and told me that I could not return to the dealership until I heard from her.

Anyway, I know I am going long here so I'll get to the point..... After the suspension, I pleaded for days for a face to face meeting and in the meeting, with both the General Manager and the HR manager, I was allowed to return to work but threatened by the GM telling me that if I filed a charge with the EEOC or filed suit, it would be tough for me to work at the dealership. It has
now been a month now since starting there, I did file an EEOC charge and my employer is holding true their threat to make it tough on me to stay there.

At the end of the day, they fired my old boss, without a formal investigiation or interviewing my witnesses, just based on his and my statements. The problem that I have now is that I hate going to work now and feel like eveyone hates me and management is trying to push me out the door.

My question is, do I continue to work there and wait for the EEOC to investigate, and act, on the retaliation charge or do I find a new job and move on?

That is a decision that only you can make.

I agree with your statement so I will rephrase my question/s.

Can the EEOC, or anyone other than the company, actually do anything to stop the retaliation? At this point, my situation is scheduled for mediation with the EEOC but is there anything I can do in the meantime to get management to back off of me.

Also, if I were to quit now, what would it do to my Charge as I would no longer be an employee?

:confused: I need to do something about this situation in the next couple of days and could really use some help with my questions. I have reviewed this board and it, as well as the advice I have seem, is awesome. I would appreciate any answers to my questions, or thoughts on the situation, that you may be able to provide.

It's Sunday and you posted at 1:30 this morning. This is a volunteer board. If anyone has anything to add, they will do so. I have not, because this is not my area of expertise.

Understood, and I know that there is no obligation to respond it was just a plea for help.... As a side note, I posted at 10:30 AM yesterday not 1:30 this morning. Thanks for the response and enjoy what's left of the weekend. :)

Even if the time stamp is incorrect, it is still the weekend, and the volunteers on this site have lives and families and do this on their own time. Please have patience. :)

Will do, thx. :)

Can the EEOC step in and force your employer to be nice to you? no.

Can you add to your complaint a case for retaliation if they made your work environment so horrible you had no choice but to quit? yes.

Thanks for the reply. Is it even worth pursuing something like this? I just wonder if I shouldn't move on. What kind of damages are available in this type of case? Also, I signed a binding arbitration clause when I was hired - does that affect the situation at all? THANK YOU so much for your help.

Only an attorney can give you an idea of what to expect and can evaluate the arbitration agreement. It does not prevent you from filing with the EEOC, but it certainly can hamper your ability to take it to court. Before doing anything, I'd be calling a lawyer and reviewing all of this, including the arbitration agreement with them.

Okay, will do. Thanks for the help.

You need to let EEOC know that you signed a binding arbitration clause, if you haven't already done so. They need to evaluate it and determine how it may affect your rights.

Should you decide to resign, you could claim constructive discharge. However, it has to be based on more than a feeling that your co-workers hate you and that management is trying to push you out. You are going to need to indicate that management has created working conditions so intolerable that you had no choice but to leave.

EEOC's website at www.eeoc.gov/charge/overview_charge_processing.html provides information on the remedies available if discrimination is found.

Will do, thx.

I am a female car saleperson that recently joined a California auto dealership that is owned by a publicy traded company. I am the only female salesperson at the dealership but I am shocked that a company withe 8k+ employees would address harrassment complaints in the manner that they have.

After joining the dealership, my first couple of days was sent to pick up the guy's lunch daily, sent for cokes, etc. In addition, my boss treated me differently than the male salesreps by constantly yelling at me and ordering me around.

Upon completing my second shift, I was coached by my boss about the dress code and told that I need to dress more like a woman by wearing skirts versus dress slacks. I pointed out that I was uncomfortable doing so as I had to get in and out of vehicles in front of customers all day plus I was told by him that I could wear dress slacks during my interview. He just replied that I had to do it and ended the conversation.

Later that night he called me on me cell phone, sounding drunk an continuly repeating himself, and offered to take me out shoppng, told me he loved me, etc. I clearly told him no.

Anyway, I complied and wore a skirt to work the next day but he was all over me, yelling at me for everything I did, etc. I left and sent a written complaint by fax to the General Sales Manager.

I then received a call from the General Sales Manager during which I was informed that he was taking my complaint as a resignation letter and would send me a check for the three days that I had worked. I kept explaining to him that it was a complaint not a regisnation but he did not seem to care.

At that point, I took my complaint, that I had sent by fax, to the EEOC and the investigator agreed that it was not a resignation letter but a complaint although they offered to take a charge at that time, I declined citing my desire to work the situation out with my employer. I then contacted Human Resources and told them about the GSM and the EEOC's position on my compllaint. The HR rep asked me, "you mean you brought your complaint to the EEOC?" I explained that I did but only because of the GSM forcng
my resignation. Then the HR manager suspended me and told me that I could not return to the dealership until I heard from her.

Anyway, I know I am going long here so I'll get to the point..... After the suspension, I pleaded for days for a face to face meeting and in the meeting, with both the General Manager and the HR manager, I was allowed to return to work but threatened by the GM telling me that if I filed a charge with the EEOC or filed suit, it would be tough for me to work at the dealership. It has
now been a month now since starting there, I did file an EEOC charge and my employer is holding true their threat to make it tough on me to stay there.

At the end of the day, they fired my old boss, without a formal investigiation or interviewing my witnesses, just based on his and my statements. The problem that I have now is that I hate going to work now and feel like eveyone hates me and management is trying to push me out the door.

My question is, do I continue to work there and wait for the EEOC to investigate, and act, on the retaliation charge or do I find a new job and move on?
well move no woman needs the bull****

Harley, watch the language.

And watch the dates too; this post (and many of the posts you've been responding to) are several months old and the posters are long gone.