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Curly Hair in the Workforce - HR HELP

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Post by makeupvixen 13th May 2010, 10:45 am

Since February a supervisor has been making comments about my hair that makes me feel very uncomfortable. So much that I stopped protective styling under a half wig about a month ago. I have tried to bring up my issues to upper management but they are all sticking together and don't want to hear from me. The manager said that if I have a problem with the supervisor's code of ethics then I should tell that supervisor, WTH! But now that they see I am in contact with my union they are backtracking and still trying to stick together.

This same supervisor makes comments about me in Spanish, she doesn't know I speak Spanish and Japanese.

I need to go to my union but I need a strong case and don't want to make it seem like I'm making an issue out of something so small. They want me to prepapre a statement but I just don't know what to say.

The would say things to me like:
Oh, wasn't that short kinky hairs yours
I thought you would have short hair (like all Black people have is short hair)
Is that a wig?
I can't tell when you have your real hair or fake ( I said you're not suppose to)

Am I being too sensative? It's already known that this person doesn't like me and wishes to get me fired because I'm over qualified and can do her job. She also doesn't like me because the staff would rather talk to me about reports and issues and not her. So it's like she is trying to make me feel uncomfortable on purpose.

What should I do?
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Post by sweetdrk1 13th May 2010, 11:13 am

Hi,

1. I am sorry this is happening to you
2. Is there a written policy that dictates your hair style?
3. All the comments seem personal in nature and in no way reflects your performance
4. Is she your boss? if the answer is no, then *trying to be politically correct* do a Jay-z on her jealous arse and brush your shoulders off!

Honestly this reminds me of what my grandmother use to say and this is this "you are what you respond to" None of what she says is you, ignore her. As for going to the union, I would based on her racially charged comments that are making you uncomfortable. Above all keep on doing what you do!!
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Post by makeupvixen 13th May 2010, 11:18 am

No, there is no written policy. I work for the school board and it's a public servant job (government or city job).

It only makes my work enivironment uncomfortable and feel disrespected (which breaks the code of ethics).

Yes, she's my direct supervisor. It's only a small unit of 6 people, the department is about 150 people so I'm not very significant. The entire workforce is well over 100,000 people (Los Angeles Unified School District).
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Post by BlakButterfli 13th May 2010, 2:00 pm

I think the attacks sound personal and that gives you cause to complain. I mean, to me, it's like if you dressed a certain way due to cultural beliefs and she kept commenting on them (which she probably wouldn't do.)

I'm sorry you're having to deal with this. Please let us know how it pans out.
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Post by makeupvixen 13th May 2010, 2:06 pm

Thanks BlakButterfli, I think it's personal too. But now the problem is proving it. I mean, I asked around the office if they noticed that I was being treated differently and people said that Yes they notice it. But is that enough to complain about?
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Post by sweetdrk1 13th May 2010, 3:16 pm

Ok if she is your direct supervisor than you need to document the statement and call EEO. Then give her my number so I can teach her how grown folks behave *rolling my eyes and cussin*
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Post by makeupvixen 13th May 2010, 4:07 pm

@ sweetdrk1, LOL. Okay. I wish I could tell her something but I can't.
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Post by DvaAuNaturel 13th May 2010, 10:43 pm

Is it possible for you to request a transfer? I'm sorry this is happening to you but the statements don't seem prejudiced/racist/sexist. Your supervisor sounds very ignorant and unprofessional IMO.

Maybe you could have a direct one on one talk with the supervisor. Explain/state that her comments about your hair are insensitive, unnecessary, and inappropriate and that you'd like for your conversations to keep focused on your work and not your hair. These are what I call "come to Jesus" meetings. A nice private conversation letting someone know, in a professional and respectful manner, how you feel and what you will/will not tolerate in the workplace. Sometimes you have to let people know, politely, that you are not the one who is going to put up with their crap. Teach them how to treat you.

If all else fails, I agree with Sweet go to EEO. I bet you that will get their attention.


Last edited by DvaAuNaturel on 13th May 2010, 11:00 pm; edited 1 time in total
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Post by BajanPrincess82 13th May 2010, 10:56 pm

Have you spoken to her about it? She may just stop once you tell her that you are tired of her racially charged comments and you're not going to stand for it anymore. Other than speaking to her, filing an EEO complaint, and/or going to your union, I don't know what else you can do. Just don't explode one day and punch her in face (although she probably deserves it)!
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Post by swoodward 13th May 2010, 11:10 pm

I am also sorry you are experiencing this. In 2010, it's a joke. She sounds like a hater.

BajanPrincess has a point. The first step you should take is to explain calmly that her comments make you feel uncomfortable and ask her if she has a problem with you personally. Explain to her that your hair does not affect your job performance, (which is all she should be interested in anyway as long as you shower and wear appropriate clothes - but don't say that part!) Ask her if she has a problem with your job performance. Although employees can be fired for any reason having a union does give you a few options. if she continues after you talk, the shop steward is your next option. Good luck and keep us posted.
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Post by makeupvixen 13th May 2010, 11:13 pm

She isn't the type of person that you can talk to. She is already trying to retaliate against me. I put in for a transfer, which will take over a year because of Budget Cuts. Now she is trying to get my position scaled back to a lower paying one, so I would have to take a 15% pay cut, all because I went to HR and asked them what I should do. The manager didn't sign the paperwork and that's the only reason why I am still at my normal salary. If she was to do that then i could sue them because it would be racist at that point. So, yes she is racist but she is doing it in a way that is sckeptical and hard to prove.

The last time someone (another Black person) has apporached her the ended up going off work on workers comp because of the problems that she would cause them. All of her 3 assistants have been Black and they are all gone. We weren't hired there to work for her we were placed there because of these stupid budget cuts and bumping people around. So it's not like she interviewed us and she wanted us, she got us and she doesn't like us.
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Post by makeupvixen 13th May 2010, 11:16 pm

@ swoodward. I sent an email to our Steward about this and I'm waiting for a reply. The union rep wants me to prepare a statement but I'm having a hard time with my letter. I want it to be crystal clear that this woman is picking on me, the same way she picked on the previous 3 Black employees that worked for her and are now gone.
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Post by DvaAuNaturel 13th May 2010, 11:26 pm

Sounds like there is a pattern. That will definitely help your case. Good luck!
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Post by swoodward 13th May 2010, 11:40 pm

I agree and know that you have all the support in the world. Because she's done this before your case is all the more strong.

In your letter, try to document or describe comments and the circumstances around the comments. If you have seen her do it to others mention that too. Take your time and ask a friend to review the letter with you. Mention your accomplishments at work and how you have brought something to the position.

You do not have to respond to her comments at all in the meantime. If she hasn't signed the paperwork and she hasn't complained about your performance she is just talking out the side of her you know what.

I worked for someone who didn't like my race. It is a very uncomfortable situation. What they don't realize is that THEY lose respect by doing this, not you.
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Post by OhSayCanUC 14th May 2010, 1:46 am

Hi MakeupVixen, I agree with the comments above. My best advise in your statement is to document exactly what was said and when. If you have a record of what was said to you and other document that. I would also suggest you be as factual as possible, meaning she said xx and not someone told me she said x. In these type of situations you most likely will be asked, to work something out between the 2 of you before any action will be taken. It is often that the accusor is requried to provide the burden of proof to substantiate a claim. Hope that helps.
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Post by ktoliver5303 14th May 2010, 3:41 am

Hey hun I am sorry that this is happening to you. If she is causing a hostile work environment then you should do what the ladies above has told you and write down EVERYTHING. But even though she seems that she is not a person that you can talk to you must go to her privately and tell her that the statements that has been made is inappropriate. Make sure that when you say this you must watch your tone of voice and remain professional. I would go with all of the incidents with dates and time of occurrence and bring that up to her. Make sure that you go to your HR and print out your Dress Code Policy. I am sure that there is nothing in there that states you can not wear your natural hair (that will be a lawsuit waiting to happen). You also may want to look up that in some companies you are not allowed to speak in a work setting any other language but english. It is sometimes considered to be unprofessional. We had that conversation with in my company because we have a lot of people from Kosovo that speak in the language for business purposes. Now if all of this is brought to her attention and she does not want to hear you or rudely interrupt. Just look at her, and ask her if her door is not open for discussion of employees issues? If she says NO, in front of her write that down. Ms. Such and such has made it known that I am not to come to her with work related issues. ask her to sign it, if she does not just write in that she refused to sign and then go to management with that information and HR. With that being done you have:

1. KEEP SMILING - The art is to keep smiling let them know that they have NO POWER over you. And you will remain all smiles through the hard times. THAT WILL UPSET HER MORE THAN EVERYTHING!!
2. Documented Everything do not discuss your plan with anyone just write it down. Do not talk about it just note it.
3. Used the chain of command and let the Supervisor know the issue
4. Open the door to Management to know that she has let it known that her door is not open for employee's issues and you then must go to management and HR.
5. You have covered yourself.


The main thing to know in a work place is to NEVER get personal. Never let this issue be about how you feel with your hair. Stick to the facts and policy. There is nothing in policy that states that you can not wear your hair. Once you make it personal it is over. Regroup, document the facts, attack..

****READ***

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Post by Lilith_Eve 14th May 2010, 8:32 am

Document, document, document! I agree with several of the ladies above. Make sure that you write down EXACTLY what she says that makes you uncomfortable (whether it's in spanish or english), when and where she said it and what you were doing at the time.

You don't want to leave her any room to pull the "Oh I was just joking!" card.

I'm sorry you have to go through this, but as long as you follow the chain of command and document every instance you should be covered.
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Post by labon10 14th May 2010, 9:32 am

Ditto to all comments above. Purchase a journal and write the date and the details of every conversation you have with her and/or upper management. Make sure you write down the good and bad. This may protect you when she tries to flip the script.

I would try talking to her anyway. Ask her if there are any questions you can answer about your hair. Then I would blow her mind by speaking a little Spanish to her. Sometimes you have to let people know that you see them and their dirty ways.

Usually in situations like this, you have to watch everything you do. Give her nothing to use against you.

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Post by ktoliver5303 14th May 2010, 1:12 pm

Do not let her know you know Spanish, till your transfer is done. So when you leave she know you had her number all this time.. That is the one advantage that you have over her is that SHE DOES NOT KNOW YOU KNOW SPANISH!! So let her keep talking Spanish and keep documenting it.. you can not lay out all your cards hun..
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Post by jamaicanmecurly 14th May 2010, 2:44 pm

I can't believe this is happening to you. Here are my two cents... some of it has already been said and some have not.

First, stay objectively factual. So have your letter state all the comments she has made about you to other people and to you that are of a personal/cultural/ethnic nature.

Second, make the connection in the letter that these comments whether intended or not, are racial/cultural in nature. Comments about your hair texture (in the way she's making it) is no different than comments about your skin tone. Your hair is inextricably linked to your race... thus, these are racial comments and should not be tolerated.

Third, (and this is just my opinion) do not give your opinion about her not liking you or what her intent is. I would stick to the facts b/c on the facts alone, you win. You cannot prove her intent but you can prove what she said.

When you document what she says, also document who else heard her say that it to you.

Good luck!
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Post by NaturalNixon 14th May 2010, 2:56 pm

First off I am sorry this is happening to you. People act like your hair do the job. I am trying not to cuss but this type thing burn me up. I did not read everyone response so sorry if I duplicate anything someone else said.

I would schedule a meeting with her and HR. This is also a opportunity for them to implament a diversity policy(this is coming from a company diversity spokesperson). Everyone is unique and it takes all kind to make up a "DIVERSE" company. I am a person who takes things up the chain of command.

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Post by goombagirl 14th May 2010, 3:17 pm

Jamaicanmecurly, excellent advice. I'd like to add can you get notarized statements from the former employees? This would go a long way in establishing a trend of unethical behavior. Or maybe you could get anonymous statements from current employees since they've witnessed some of these incidents.

This is sad, truly sad. SMH.
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Post by kinksncurls 14th May 2010, 4:14 pm

Hi,
I think that what everyone else said is valuable. But next time a situation like this happens and someone says something to you about your hair that is disrespectful, then your first step is to speak to that person about their comments.
Even if it makes you feel uncomfortable and they do not listen to you. It's important legally, because you have to give the person notice that they are doing something offensive to you. For instance, your manager can say "well i just didn't know". And to build your case you must alert them to this, and then document their behavior to you afterwards. It really is an important first step, for future events (I hope this never happens to you again though.)
Anyways, good luck now. It's really unfortunate if you will have to transfer seeing as You did NOTHING wrong!

In writing your letters make sure that they are factual. If you have dates, times of occurrences or any witnesses it will definitely make your case stronger.
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Post by chscott_77 14th May 2010, 4:35 pm

Hi Makeupvixen,

I am sorry to hear that you are going through this. I agree with the others about documenting every offensive statement. You can file a complaint with the EEO. Reading the statements from here is clearly creating an intimidating workplace. I wanted to post a link from the FCC website where you can get more information and your rights as a worker.

Some of the statements at the website states:

Hostile work environment harassment occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment – a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

Other actions which may result in hostile environment harassment, but are non-sexual in nature, include:


  • Use of racially derogatory words, phrases, epithets

  • Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group (I thought you would have short hair (like all Black people have is short hair)

  • Comments about an individual’s skin color or other racial/ethnic characteristics (I thought you would have short hair (like all Black people have is short hair)

  • Making disparaging remarks about an individual’s gender that are not sexual in nature

  • Negative comments about an employee’s religious beliefs (or lack of religious beliefs)

  • Expressing negative stereotypes regarding an employee’s birthplace or ancestry

  • Negative comments regarding an employee’s age when referring to employees 40 and over

  • Derogatory or intimidating references to an employee’s mental or physical impairment

Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment. (Now she is trying to get my position scaled back to a lower paying one, so I would have to take a 15% pay cut, all because I went to HR and asked them what I should do.)

I am sorry that this post is so long but I can't stand it when things like this happens. I had to confront a similar issue head on I and took all the necessary measures for it to stop. The link to file a complaint is:
Any employee wishing to initiate an EEO complaint arising out of the alleged incident of harassment must contact an FCC EEO Counselor or other EEO official within 45 calendar days of the date of the incident. For information on how to contact an EEO Counselor, visit http://www.fcc.gov/owd/counselors.html. The employee should not wait until the agency’s internal harassment inquiry is completed to contact a counselor if waiting will allow the 45-day time limit to expire.

If your job is being affected then you have probable cause to file a complain. If she is trying to reduce your hours. More info can be found at this website:

http://www.fcc.gov/owd/understanding-harassment.html

All the information provided in this blog post is borrowed from www.fcc.gov website.

I think that you should also take matters to the EEO if Management is not helping you because it appears that they are clearly on her side and will protect her because she has gotten away with it thus far. In addition to your Union, if you file a complaint with the EEO at least you will have so sort of complaint on file if anything transpire and are retaliated against. This behavior is unexceptable and she will continue to treat every person of color this way after you transfer or leave the department if she is not stopped.
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Post by makeupvixen 24th May 2010, 5:44 pm

Thanks ladies for all your help. I'm working on my finals now for school and I am also composing my complaint letter to give to HR.

Recently my supervisor is trying to down grade my psotion from a $20 an hour job to a $15 an hour job (or less). She is trying everything she can to disrespect me within the guidelines. I have a union and I will be taking this to their attention by next week.

Today since my supervisor isn't here I felt comfortable enough to wear my hair puffy, other day's it's just a simple wash and go with a flower.

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