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Thread started 02/02/09 12:04pm

lilgish

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Wall Streeter sues employer over vegetarian taunts

http://www.nydailynews.co...getar.html

A vegetarian Wall Streeter has a real beef with his macho man ex-boss, who he says tormented him for being a "homo" who wouldn't eat steak with the boys.

Ryan Pacifico is suing Calyon in the Americas, charging that his one-time boss at the French financial firm presided over a testosterone-fueled trading desk, where he was mocked for avoiding meat and wearing snug-fitting shorts during triathlons.

"A trading floor is certainly a manly man's world," Pacifico said. "I just never expected someone to think it's gay to be a vegetarian or to constantly poke fun at me."

The 28-year-old Long Island man worked as a junior foreign-exchange trader in Manhattan for the firm from 2005 until he was fired last March.

Pacifico's discrimination lawsuit, filed in Manhattan Supreme Court, contends the firm cooked up lies about his job performance to fire him - when the real factors were that he was a vegetarian who was perceived to be gay by boss Robert Catalanello.

"They associated being a vegetarian with being gay," said Rick Ostrove, a lawyer for Pacifico. "It's a ridiculous male stereotype that only real men eat meat."

A spokeswoman for Calyon in the Americas did not respond to requests for comment.

Pacifico is married, and served steak at his wedding last year.

Catalanello's alleged abuse is the meat of the nine-page complaint, which accuses the boss of saying, "Who the f--- cares?" when another trader questioned what Pacifico would eat during an outing to a steakhouse.

"It's his fault for being a vegetarian homo," Catalanello is accused of saying.

The suit also charges that the boss crudely poked fun at Pacifico last March during a conversation about steakhouses.

"You don't even eat steak, dude," Catalanello is accused of saying. "At what point in time did you realize you were gay?"

Pacifico, who has been a vegetarian for 15 years, said he never considered eating meat to better fit in with his red-blooded coworkers. "The concept of eating animals just blows my mind," he said.

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Reply #1 posted 02/02/09 12:08pm

JackieBlue

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disbelief

"I do not understand how anyone not named Grace Jones was ever allowed to think of themselves as "fierce." - Sasha Frere-Jones
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Reply #2 posted 02/02/09 12:10pm

Anxiety

clapping good for him.

i'm tired of getting shit from people whenever it comes up that i'm a vegetarian. i might sue a few MFs my damn self. lol

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Reply #3 posted 02/02/09 12:22pm

contrapposto

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woot!

bunny2 heart
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Reply #4 posted 02/02/09 12:35pm

IrresistibleB1
tch

i'll just have to call BS on this one. between the tone of the story, the "snug-fitting shorts", and the quote at the end, this story is at least in part made up. it's one of those "watercooler stories" the papers and tv stations are so fond of feeding to us.

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Reply #5 posted 02/02/09 12:52pm

Genesia

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Okay, it was wrong to taunt him for being a vegetarian.

But can we taunt him for being a total pussy? rolleyes

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Reply #6 posted 02/02/09 1:03pm

Anxiety

Genesia said:

Okay, it was wrong to taunt him for being a vegetarian.

But can we taunt him for being a total pussy? rolleyes


if my boss called me gay for being a vegetarian, i'd consider that a form of harassment. if that makes me a pussy, then meow.

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Reply #7 posted 02/02/09 1:08pm

Dauphin

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What law is being broken?

I can see if there is a internal HR rule that prohibits it, however where is it a law that you can't make fun of somebody and call them names?

Personally, I'd rather see the guy take his boss to civil court for slander, and if the company did nothing to stop it after being alerted to the issue, THEN the company would be brought into it.

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All Glory To the Hypno-Toad! eek

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Reply #8 posted 02/02/09 1:24pm

CarrieMpls

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Dauphin said:

What law is being broken?

I can see if there is a internal HR rule that prohibits it, however where is it a law that you can't make fun of somebody and call them names?

Personally, I'd rather see the guy take his boss to civil court for slander, and if the company did nothing to stop it after being alerted to the issue, THEN the company would be brought into it.


If it creates a "hostile or abusive work environment" it's against the law. That's harrassment.

I'd say being called names and made fun of could very much be both hostile and abusive.
[Edited 2/2/09 13:24pm]

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Reply #9 posted 02/02/09 1:28pm

Genesia

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Anxiety said:

Genesia said:

Okay, it was wrong to taunt him for being a vegetarian.

But can we taunt him for being a total pussy? rolleyes


if my boss called me gay for being a vegetarian, i'd consider that a form of harassment. if that makes me a pussy, then meow.


I agree that calling someone gay for being a vegetarian is wrong. (I think I said as much above.)

But if this guy was walking around a trading house saying, "The concept of eating animals just blows my mind," and doesn't get why that would prompt people to poke fun at him...well...I don't know.

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Reply #10 posted 02/02/09 2:04pm

Anxiety

Genesia said:

Anxiety said:



if my boss called me gay for being a vegetarian, i'd consider that a form of harassment. if that makes me a pussy, then meow.


I agree that calling someone gay for being a vegetarian is wrong. (I think I said as much above.)

But if this guy was walking around a trading house saying, "The concept of eating animals just blows my mind," and doesn't get why that would prompt people to poke fun at him...well...I don't know.


yeah, okay. that's kinda wacky .

then again, it's new york. smile

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Reply #11 posted 02/02/09 2:20pm

IrresistibleB1
tch

meh... shrug
[Edited 2/2/09 14:21pm]

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Reply #12 posted 02/02/09 2:25pm

Dauphin

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Understanding Workplace Harassment

Workplace Harassment is a Form of Discrimination

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority.

Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics”) constitutes harassment when:

1.

The conduct is sufficiently severe or pervasive to create a hostile work environment; or
2.

A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).


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.

Examples of actions that may create sexual hostile environment harassment include:

*

Leering, i.e., staring in a sexually suggestive manner
*

Making offensive remarks about looks, clothing, body parts
*

Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body
*

Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.
*

Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

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
*

Comments about an individual’s skin color or other racial/ethnic characteristics
*

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.

A claim of harassment generally requires several elements, including:

1.

The complaining party must be a member of a statutorily protected class;
2.

S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;
3.

The unwelcome conduct complained of was based on his or her membership in that protected class;
4.

The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.


What is Not Harassment?

The anti-discrimination statutes are not a general civility code. Thus, federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.

Report any incident of harassment immediately to your supervisor, any member of management and/or to the Director of the Office of Workplace Diversity.

Note

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.



I can see it going either way. Is it teasing, or something else? Was he denied a promotion? Did he file a complaint and was told don't worry about it or something? Etc.

My guess is they will settle out of court.

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All Glory To the Hypno-Toad! eek

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Reply #13 posted 02/02/09 3:16pm

peacenlovealwa
ys

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Anxiety said:

Genesia said:

Okay, it was wrong to taunt him for being a vegetarian.

But can we taunt him for being a total pussy? rolleyes


if my boss called me gay for being a vegetarian, i'd consider that a form of harassment. if that makes me a pussy, then meow.

lol

unlucky7 reincarnated
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Reply #14 posted 02/02/09 3:46pm

SynthiaRose

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1. This reminds me of those BK commercials about real men eating beef.
2. This is really sexual harassment.
3. Why is gay considered "weak" ...and for that matter why are women in here using "pussy" to indicate weak. Pussies are resillient. Soft and cushy? Yes. But they can take a pounding and keep purring. Shoot out a baby, tighten up and keep soothing. Most endurable things ever. Admirable really. I HATE when women join men in denouncing the pussy. (pet peeve).

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