Legal Question in Employment Law in California

I am a male 911 dispatcher in a predominantly female department. I had a retaliation complaint filed against me by 2 female dispatchers (after I brought their conduct to the attention on my supervisor), alledging I cleared my throat at one of them, took my break at the same time, and didn't say thank you when they handed me the schedule. During the investigation, I was told by the female investigating supervisor that I am intimidating because I'm "a big guy." Three other male dispatchers were also told they were intimidating in some form or manner. I was also told by the assistant director not to joke with anyone, not to talk to anyone, and not to trust anyone. The director even went so far as to tell me I was "perilously close," although to what, she didn't clarify. She also said I was unpopular. Recently, the assisant director told me they were focusing on me because I had a reputation of keeping a journal of gross misconduct. I am now out on stress leave at my doctor's direction. On my first day out, the assistant director called me at home demanding to know why I was out sick and wanted me to go to another doctor that day to get her a note. I have contatced my union who is working with me to try and get some of the pressure of me but what other recourse do I have?


Asked on 1/11/12, 11:40 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your union grievance is your ONLY remedy unless you can actually prove you are subjected to 'illegal' discrimination, harassment or retaliation as defined under the Civil Rights gender and sex protections. Your are in essence trying to claim reverse sexual discrimination because you are a man. You would have to prove your claim through credible and admissible evidence, including documents and witnesses. You will have to overcome the performance and 'bad attitude' allegations against you as part of your case. If you think you can do all that, feel free to contact me for the legal help you�ll need. BTW, you have not helped yourself or your case by claiming WCAB stress.

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Answered on 1/11/12, 12:43 pm


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