Legal Question in Employment Law in Massachusetts

Demotion in an Emotionally Violent Workplace

I was recently demoted in my service position (bartender to server) due to a single guest complaint (my only, and i've had several guest compliments). Three other employees were involved, as well as one manager. One of those employees was named in the complaint, none else were (I was not named nor was i physically described). I was the only one demoted and punished as severely.

The workplace in question is headed by a verbally violent and emotionally derisive manager. Constantly swearing and being destructive. He has made several homophobic remarks with witnesses as well as many remarks that could easily be considered derogatory to women.

Although i am ''straight,'' i am constantly referred to being one of the gayest males there (by primarily other service employees). To make a long story less long, he, as well as other managers, has heard of several situations i've been involved in that could easily make it thought that i was at least somewhat homosexual.

I'm not as terribly concerned with my position; i am more concerned with any act i can take against him. Is the way he runs his workplace entirely legal? If he can be removed or proved incompetent, i can work from there.


Asked on 1/15/03, 3:06 pm

1 Answer from Attorneys

Nance Lyons Law Office of Nance Lyons

Re: Demotion in an Emotionally Violent Workplace

Even though you are not gay, as long as employuer percieves you as gay and makes decisions or harasses you based on that he is violating the discrimination laws. You can file a complaint with the MAss. Commisison Against Discrimination.

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Answered on 1/27/03, 2:29 pm


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