Invasion of Privacy, Harassment, Internet

[james a. husky]

Why can't we all get along?

For several years at my workplace there has been a woman who has intimidated and bullied her way along, trying to run the show. Due to a laxadasical management (probably out of fear) nothing much (to date) has been done.

This is in a large County service department with about 700 employees and we've recently gotten a new overall Director with a new Assistant Director brevetted up into position. I have a great deal of respect for both.

On April 6th, I wore a Government Sett, knife pleated, unlined and strait hanging (three lines of horizontal stiching to hold the pleat at the waist). The waist was folded down over itself (as I have read was done) and a belt scured the whole lot. The hem was higher than normal (perhaps an inch or inch and a half (I'd ridden the bike to work, it was before public hours, and I hadn't straightened things up yet. All was topped off with typical workplace oxford and tie. During work hours in the morning, In an area that requires a pass to enter, no public allowed, my bully co-worker took a picture, staring at me with a scowl on her face and I knew that something interesting would transpire (I said nothing to her).

Later in the day it was revealed by another co-worker that she had put the picture up on her facebook page. I am recognizable completely in the picture. The bully complains that she was disiplined for wear short skirts and
that I am allowed to dress like this (my recognizable photo being posted as an example).

Several people commented the first day. Two were insulting, the rest were the typical "Great Legs" variety of comment. The bully re-posted that I was not wearing shorts but a mini skirt like kilt.

Apparently middle-management found out (I don't know who told them), but they haven't as yet talked to me. I have no confidence in middle management to take care of this as they've been in position all during the time that this woman has been allowed to harrass and intimidate others.

I've never dealt with anything like this before and really don't like conflict. It brings out the worst in people. Since I see the posting of a recognizable picture of me on the internet, taken in a non-public area at work during worktime without my permission, attended by ridiculing commentary, as intentional harassment, I'm going to address the issue with the County's Office of Discrimination and perhaps, seek a lawyer. I've been with this County's goverment for 30 years. The kilt is permitted as proper wear.

As an overall view, this bully is being reigned in by some very compitent people who have risen to some aspect of Branch and Regional level power and she's beginning to strike out at people more as time goes on.

What thinketh Ya'll?

Any suggestions?

Jim aka kiltiemon

[AFS1970]

The internet has definitely changed the way we view privacy, or more to the point, how we view other people's privacy. Years ago if you saw something that interested you and you took a picture, you basically had no way to show it to millions of people. Now with all the various social networking sites, your pics are up for any and all to see.

On a recent Kilted trip, my brother and I were stopped by many people who asked for pictures of us and of them with us. As long as they were polite, we always said yes. I am sure however that there are numerous unauthorized pictures out there from the same trip. As we were in public, there is little if anything we could do, even if we wanted to.

Now as for workplace, there are probably different rules. I work in a place that has a no photo's rule. Several incidents have proven this to be a prudent rule. The public has no access to my office. However I do not know if photography is specifically listed either in the harassment policy or any laws about harassment that apply here. So it is an iffy proposition to complain. One I would consider myself, but I have no idea how it would work out.

I work with a woman who makes frequent complaints and false accusations against other employees and has a generally bad attitude. Most in management seem to turn a blind eye to her and her wholesale harassment of the res of us. One manager did try and get involved then got promoted out of the division. Sometimes you just can't win with these folks.

[seanachie]

As good (or not) as a supervisor may be at their job I have been amazed at times about things they are ignorant of in terms of employment law. If you have an HR Manager arranging to speak with them may be a good idea. This will show you are being pro active and unless they are clueless they will be pretty aware of issues were your rights and or legal protections were violated and may be able to ward off any dumb things a supervisor might do.

[Fit2BKilted]

My wife (and co-workers!!!) also suffer at her workplace under threat of the Office bully, who I immediately recognized as being cut from the same cloth as the character you describe afflicting your work-place; so, I have considerable sympathy for your predicament.

Now, I am also a photographer, and I know that it is generally ILLEGAL (copyright infringement) for a photographer to publicly display images of living persons without their consent (a 'release form' generally needs to be signed by the subject of the portrait); on top of that, you have a case of "internet-bullying" here, which I understand many States now have specific laws against (although they were not specifically drafted with adults in mind I don't see any of them being restricted to protect only minors), and you might also argue that there is a case for libel here as well! This pernicious woman has gotten herself into a very precarious legal position by targeting you in this way... One might see it as ironicly poetic justice!

IMHO, it is your duty to exercise and protect your rights in this matter and perhaps accomplish what decades of ineffectual middle-management has failed to do for your department, viz., 'be rid of her'. I suggest soliciting a (or several) lawyer's opinion: most respectable ones will not charge for the initial consultation. Then raise the issue internally with HR, directly, and your Union if such exists, to show due diligence and to alert the organization that you'd prefer not to resort to the legal action you're entitled to exert against this person (and encourage them, management, to 'take care of the issue' before it becomes a matter of public-record, and a potential embarrassment to the department).

[Bugbear]

Start a written record of everything she does that is out of line.

[Chas]

My wife.

Now, I am also a photographer, and I know that it is generally ILLEGAL (copyright infringement) for a photographer to publicly display images of living persons without their consent (a 'release form' generally needs to be signed by the subject of the portrait)

Not in the UK. If I take a picture, I own the copyright - that is the law. If I take a picture in a place where photography is forbidden, I could be punished for doing so, but I would still own the copyright. The only exception is where I am acting as the agent for another person, for example acting as a wedding photoghapher, then the copyright belongs to whosoever is directing my actions.

Regards

Chas

[davidlpope]

Does your office have a "Social Networking" Policy that addresses social media such as Facebook, etc? Many organizations do. This can be helpful when issues arise that can reflect negatively on the organization or other employees.

Cordially,

David

[xman]

Bullies bully so long as they have someone to victimise. Don't be that person. Be pleasant and firm and let her know that she's in for a world of trouble with you. Stand up for yourself completely. Submit formal written complaints and threaten legal action. Smile all the while. And if middle management comes at you for something which is already permitted, do not get sucked into defending yourself. Deflect. Rather than respond to the non-issue ask why your rights and dignity are allowed to be subverted with her posting pics of you and demeaning you in public.

Good-luck!

X

[sydnie7]

I'd also archive a copy of the offending page for future evidence, in case she pulls the picture in the midst of all this.

Terrible situation for you and I wish you good fortune in dealing with it.

[dutchy kilted]

Since you do not post which state you live in, it is hard to find an appropriate statute. However, in Pennsylvania this would be classified as summary harassment, i.e. "engaging in a course of conduct which serves no legitimate purpose of the actor." I would make a phone call to your County Sheriff or other local law enforcement and make a report. I am sure having a uniformed officer stop by her desk for a chat (even if nothing comes of it) would ruin her day. Let her know you don't mess with the kilted rabble!