What constitutes a hostile work environment?

[Joeinca1130]

What is the name of your state (only U.S. law)? CA

What constitutes a hostile work environment and what can one do about it? If people are harrassing someone, saying that person is causing sales loss when they are not, bullying them whenever possible undermining them every step of the way and that person asks for this to stop and it does not, is there nothing that person can do?

Is it illegal if the other employees make that person do their work because of a perceived weakness and that person really has a disability, yet the others do not know about this? For example if that person is taking on more work than others because of a percieved weakness is that alone illegal, or does this person have to have a disorder? And if they do is this alone illegal?

I guess this can get kind of tricky.. There is no set in stone law for this kind of discrimination?

What if this behavior from others causes a hostile work environment? Would assault have to be present? If someone makes you feel threatened walking by you and they are looking at you angry, that is not assault is it? Wow sounds really tricky and somewhat underdeveloped. But so goes it.

What is it that makes the difference in someone creating a hostile work environment or not? What actions or speech need to be present and to what degree? Is it illegal to fire someone for creating a hostile environment when none of these actions or speech are present? Does that person then need to fit the criteria outlined in the civil rights laws or is it illegal to fire them like that without fitting that criteria?

 

[eerelations]

Based on the information you provided in this thread and your other thread, I recommend you file a claim of discrimination based on disability with the EEOC. The EEOC will investigate and make a determination.

 

[Joeinca1130]

Thank you, ill do that.

 

[dan-palmer]

Thank you, ill do that.

It will also be helpful if you have a -paper trail- documents, notes, etc., written by you for each incident.

 

[Just Blue]

It will also be helpful if you have a -paper trail- documents, notes, etc., written by you for each incident.

Really? How will "a -paper trail- documents, notes, ect" written by OP help?

OP could write ANYTHING. Does not mean it is true or will assist him/her.

 

[cbg]

Actually, he's right. While it doesn't prove anything in and of itself, a record of incidents can be supporting evidence in an investigation.

 

[Just Blue]

Actually, he's right. While it doesn't prove anything in and of itself, a record of incidents can be supporting evidence in an investigation.

I stand corrected.

 

[RRevak]

I stand corrected.

Think about it this way: OP is asked to describe when, where, by whom, and how the alleged discriminating acts occurred. Rather than guessing and attempting to remember dates and times etc, keeping a written record gives OP the ability to accurately and to the best of their knowledge say "on this date and time, by this person, the was said or this was done and this was how it made me feel" etc. It could help lend more credibility to OPs claims when presented in a more factual manner

 

[Just Blue]

Think about it this way: OP is asked to describe when, where, by whom, and how the alleged discriminating acts occurred. Rather than guessing and attempting to remember dates and times etc, keeping a written record gives OP the ability to accurately and to the best of their knowledge say "on this date and time, by this person, the was said or this was done and this was how it made me feel" etc. It could help lend more credibility to OPs claims when presented in a more factual manner

Yep. I get it and I was wrong to "smack" dan.

 

[dan-palmer]

Think about it this way: OP is asked to describe when, where, by whom, and how the alleged discriminating acts occurred. Rather than guessing and attempting to remember dates and times etc, keeping a written record gives OP the ability to accurately and to the best of their knowledge say "on this date and time, by this person, the was said or this was done and this was how it made me feel" etc. It could help lend more credibility to OPs claims when presented in a more factual manner

Exactly. Particularly if incidents were verbally reported. In Pa. there is a Pennsylvanians for a Healthy Workplace and they are trying to pass a healthy workplace legislation in Pennsylvania. See what your state stands on this, if any.

"We are part of the Healthy Workplace Campaign, an outgrowth of the Workplace Bullying Institute's efforts. We are seeking legislation to redress the damages caused to individuals and businesses by workplace bullying. Help us work towards finding a legislative sponsor in 2012 for a Pennsylvania healthy workplace bill. Together, we can make a difference."

Here's a website you can look over to get an idea of what can be in our future as employees.


http://www.healthyworkplacebill.org/states/pa/pennsylvania.php

..and for CA. http://www.healthyworkplacebill.org/states/ca/california.php

 

[commentator]

Very cute little idea, this. Maybe CA is on the way to something like this, though it isn't there yet by a long long shot. But I can assure you that the southeast has absolutely nothing like this in mind for employees.