Hostile Work Environment, Harassment?

[TR76]

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

I have a friend (really, it is not me ) who works for a large company out of a MO office. It is smaller, less than 20 employees at this location. There are two individuals that she works with who appear to be having an affair - which is apparently against company policy, not to mention they are both married or attached so cheating as well. They are not exactly shy about being more than peers and spend a lot of time acting like teenaged lovers in the office, to which everyone has to be party to since the office is small. Recently, she went to her manager about the inappropriate office environment and it somehow got back to the two of them. Since then, they ignore her, are outright rude to her and ask that she be excluded from office outings with the rest of the team. They talk to the few other employees about her and make an effort to make her uncomfortable - and are still behaving the same way in the office. There was another "complaint" made to the same manager by another employee in her office - everyone is aware of what is going on - but the manager is not doing anything about the situation.

Is this considered a hostile working environment? How should she proceed? And shouldn't the manager initially complained to have done something about it rather than refuse to get involved? She really wants to just show up and do her job but it is becoming pretty difficult to do even that with the sideways stares and whispers and even verbal abuse at times.

Thank you for any information or advice.

 

[Beth3]

Is this considered a hostile working environment? No. Two employees making goo-goo eyes at each other and being rude and childish towards her because she complained about their relationship does not constitute a HWE. Not even close.

How should she proceed? She's free to contact corporate and advise them about the problems the relationship these two are having is causing. I can't say whether this will make things better or worse however.

And shouldn't the manager initially complained to have done something about it rather than refuse to get involved? Should he/she? Probably. Is he/she obligated to do anything about it? No.

My best advice is that your friend do nothing and just wait for the situation to implode, as it very likely will. Extramarital affairs and inappropriate workplace romances more often than not tend to end badly. Then she can sit back and enjoy the show and the consequences for these two and the do-nothing manager. In the meantime, I suggest your friend just ignore the whispers and looks. Those co-workers engaging in this behavior will get tired of it soon, especially if it appears not to bother your friend. Basically, she should pretend to be oblivious. An added benefit of that is that it will drive the whispers and lookers nuts.

 

[>Charlotte<]

Is this considered a hostile working environment? How should she proceed? And shouldn't the manager initially complained to have done something about it rather than refuse to get involved?

The legal definition of a "hostile work environment" is not simply that one is being treated with hostility in one's work environment. To meet the legal standard of a HWE, the behavior must be based on one of several protected classes--race, religion, etc. In other words, if your friend was being treated with hostility because she's Caucasian, or female, or Southern Baptist, she would have recourse. Otherwise, it's not illegal for them to be mean to her because she complained about the affair.

The manager is generally not required to do anything about the behavior of the offending employees, although there might be some wiggle room if the behavior is really overtly sexual.

She should probably proceed by trying to mind her own business, refrain from concerning herself with the marital indiscretions of other employees, and hope it blows over. She might even apologize to them, although I wouldn't blame her for not wanting to.

 

[Beth3]

Can't agree with you on the apology, Charlotte, but we're otherwise on the same page here.

 

[>Charlotte<]

Can't agree with you on the apology, Charlotte, but we're otherwise on the same page here.

Yeah, I know. I sure wouldn't apologize. I'm just saying from a practical standpoint, it might at least achieve a superficial return to civility.

One thing's for sure, though--you're right about it imploding. It's just a matter of time. Then they'll be kissing up to her when they play the "Who can get the most people on whose side" game.

 

[TR76]

Thanks for the advice, I will pass it along. I guess as with children, they will stop trying to get a reaction once they stop getting a reaction.