Your Rights Against Workplace Discrimination and Harrassment FAQ

Questions:

• I'm offended by my coworkers' constant X-rated comments and jokes; what should I do?
• Can my employer refuse to promote me to a position that requires public speaking just because I have an accent?
• My boss won't consider me for a transfer to our IT department because he thinks older guys like me (I'm 65) don't understand the latest technological developments. Is this legal?
• Can my employer pay men more than women to do the same job? The men have more seniority, but we're all doing the exact same work.
• Can I be fired because I'm gay?
• Is race discrimination really that common any more?
• Which conditions count as disabilities under the Americans with Disabilities Act -- and which do not?
• I'm applying for jobs, and I use a wheelchair. Are employers legally allowed to ask me about my condition?
• Does my employer have to give me my Sabbath day off?
• I just found out that I carry the genetic marker for a serious disease; can my company fire me if they find out?
• My former coworker asked me to be a witness in her sexual harassment complaint, but I'm afraid I'll get fired. What are my rights?

Answer:

I'm offended by my coworkers' constant X-rated comments and jokes; what should I do?

If your coworkers are making your working environment hostile through unwelcome conduct or statements, that might be sexual harassment. The best place to start in this type of situation is with the perpetrators: Tell your coworkers, clearly and firmly, that their behavior offends you and has to stop. This often works. If it doesn't, use your employer's procedure for making internal complaints of harassment. In the absence of a policy, ask your manager or someone in the human resources department how to make a sexual harassment complaint. This gives your company a chance to stop the behavior; it's also a necessary prerequisite if you might later take legal action. For more information, see Nolo's article Fighting Sexual Harassment.