Do we have a harassment case?

[Jason27]

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

Myself and 6 other employees have been harassed by our manager for months. We have been verbally abused, yelled at, belittled, intimidated and insulted.
We have filed grievances with our union rep with no results. We all try and do our job well but our manager is out of control. He threatens us everyday with termination but does not have the power to do so.

Myself and other employees have gone through severe anxiety and some people have even seen doctors. Upper management refuses to help us dispite our claims of being harassed. Our manager is a bully and has created a hostile Work environment for us. Enough is enough.

We all have journals with details on each time we have been harassed and abused. So my question is can we file a class action suit against our company? Would the company settle? We work for a large corporation in Chicago.

 

[eerelations]

Harassment is illegal if it's based specifically on protected characteristics such as race, gender, religion, age (40+ only), and/or disability. A hostile work environment (HWE) as defined in law is one where employees are subjected to harassment and/or discrimination based on these protected characteristics.

If you and your coworkers have evidence that your treatment at the hands of your boss is based specifically on one or more of the protected characteristics listed here, then the correct avenue of recourse is to file a claim with the EEOC.

 

[Jason27]

The person doing the harassing is Hispanic and the employees being bullied are black white and Hispanic. Eeoc won't help us. We want to do something about this hostile work environment. Our manager is absolutely crazy. He threatens to fire us everyday even though he has no power. Our whole group has been harassed non stop and it really makes us wanna quit. Upper management refuses to stop his behavior. They "investigate" but nothing ever changes. We are considering going to an attorney to file suit against the company. Do we have a case?

 

[Jason27]

Keep in mind the harassment has been going on for months. He bullies everyone. We have documentation and witnesses of our managers hostile behavior. We need a way to stop him.

 

[LdiJ]

Keep in mind the harassment has been going on for months. He bullies everyone. We have documentation and witnesses of our managers hostile behavior. We need a way to stop him.

Why isn't your union helping you? That is what a union is for.

 

[cbg]

This is not a hostile work environment as defined by law. This is simply a matter of a jerk being a jerk.

Nothing illegal is happening. You do not have grounds for a class action lawsuit or any other kind of lawsuit. Being a bully is not illegal. The company has no incentive to "settle" because a lawsuit would be summarily dismissed.

I'm not unsympathetic to your situation. Your employer should be dealing with this. So should your union. But it is not illegal if they do not.

As a colleague of mine says, sometimes a bad employer is just a bad employer, and the only way to deal with it is to "vote with your feet" and find other employment.

 

[Jason27]

So bullying does not make for a hostile work environment? That's exactly what we have here. The anxiety is through the roof. Some employees have quit. Some have had to see a doctor for ulcers. The manager has tried to push people to quit. If this is not a hostile workplace then I don't know what is.

The union is "investigating" also with no change.

The company even has a policy against harassment and intimidation. Were tired of being abused and want to file suit.

 

[cbg]

So bullying does not make for a hostile work environment?

That is correct. Bullying does not make for a hostile work environment.

If this is not a hostile workplace then I don't know what is.

Then I will tell you (again - eerelations already told you once). A hostile work environment exists when an employee or employees is/are being subjected to either sexual harassment or illegal harassment/discrimination based on Title VII and related laws. If the root of the behavior is not based in your race, religion, national origin or other protected characteristic, then it is not an HWE no matter how much you want it to be.

Were tired of being abused and want to file suit.

I don't blame you. But based on what you have posted, you have no basis for a suit since no laws are being violated.

 

[commentator]

You will not be able to find anyone to accept your case unless you pay them a large amount of money beforehand. This is the sign that what everyone here is telling you is the truth, you have no case. Legally he is not doing something that is wrong by not treating you well, by yelling and attempting to intimidate and bully his employees.

What happens if your supervisor hollers at you? Do you work harder, speed up, put your head down and do more? Then his management technique is successful. Those above him see a person who is getting results, that's all they're interested in, and if you think otherwise, you're wrong. He's not doing anything illegal by hollering, yelling, screaming bullying and verbally harassing you. Freedom from insults isn't a job necessity.

But even you admit his threats are idle, as he cannot get any of you fired. His threats of physical harm are not valid either. You are quite free to press charges if he were to physically assault you, your company's management would NOT be happy with him about that, you can bet on it. So you have this guy standing on the floor having a Donald Duck fit raging and acting stupid. Who says you have to have anxiety, be afraid, be intimidated?

As long as you are doing your job to the best of your ability, the person has no power except the ability to make you uncomfortable by yelling at you or talking mean to you.

What if you do not do what he says, in terms of speeding up, shutting up, behaving differently? You have said he can't fire you. The more he tries to control you by taking unwarranted action against you, the worse he will look to his supervisors.

Be polite, do not be insubordinate,but do not cower. If he threatens, let it roll off. You can even tell him you do not appreciate being talked to this way, that there is no need to scream. If he responds by throwing something at you, or striking you, press charges. Otherwise, let it roll off. No one can give you anxiety and stress without your consent. As someone else has pointed out, this kind of behavior can be responded to by seeking other work, but find that next job before you walk out and quit. If you quit your job due to this type of situation, you would probably not be able to get approved for unemployment benefits, as this would not be considered to be a good enough cause to voluntarily quit a job.

In good times, the company would lose good employees because of this person. In harder times, unfortunately, people sometimes feel that they have to put up with more. But in any case, you can win this by getting to the point where you deal proactively with this person much more effectively than you can by trying to sue him.

 

[Jason27]

We don't Want to sue him. We want to sue the company for allowing this abuse. We work for a very wealthy corporation that a class action suit would look very bad for them. The people being harassed are men and women so wouldn't the female employees be a protected group? Our manager has bipolar and has angry mood swings. He threw a trash can at one employee. He has blackmailed employees to "spy"on other employees or he would write them up. He has yelled at a few female employees so much it made them cry. I feel nervous anytime I'm around him because I have been screamed at in front of coworkers. Its a very hostile place to work. I have bills and can't quit. Were all looking for a way to stop his threatening behavior.

 

[cbg]

One more time.

You cannot sue anyone because your boss is a bully. Not your boss. Not the company. Not nobody, not nohow.

 

[ShyCat]

The people being harassed are men and women so wouldn't the female employees be a protected group?

If he was targeting only the women, the women might have a case. If he was targeting only the men, the men might have a case. But he's an equal opportunity jerk so neither gender has a case for sexual harrassment, gender discrimination, whatever.

 

[csi7]

The legal response is correct.
However, take a good, long, hard look at exactly how the company policy is written concerning the harassment and intimidation.
When I filed a complaint about the intimidation and harassment aimed towards me in the workplace, it was noted that the employee who initiated the harassment was a disabled military veteran and I was classified as having a disability.
However, the military veteran was given priority due to hiring practices, and it was not until the veteran was videoed making a derogatory statement that they were finally terminated.
As the senior members describe the legal meaning of harassment, intimidation, and the connection to hostile workplace, they are correct.
Work is professional. Therefore, your personal feelings need to be kept private, and your focus to be professional in the workplace as the workplace is public.
This boss has figured out the system, knows what works to keep the focus away from them individually and meet the needs of the management in keeping the workflow moving.
Take the time to write out the facts separately from the feelings, noting the times, dates, how often, and see what the general pattern is.
In the case of the military veteran, it was found that payday Fridays were the most frequent number of incidents, and that the day after the weekly safety meetings were the least number of incidents.
Often, you can stop intimidation with a responsible plan of action in place that stays within company policy, and the same is true for harassment. The "fear" is normal, personal and in the workplace, needs to be dealt with as a professional matter.
My complaint was handled when I submitted it. After the investigation was completed, the company lost the contract. I finally received a letter of apology from the CEO. It was a year and half later. I put this company down and get a positive reference from them now.
I agree, do not quit the job.

 

[commentator]

Yes, there is a good deal more in-place procedure, a good deal more opportunity to file complaints and grievances in the type of system which you describe. They usually have an EEOC officer in house. With disabled veterans getting preference, as you said, I suspect it was a civil service type job. I suspect that this OP does not work in this type job. A large company maybe, a unionized position, but probably not civil service.

It appears he is young, he is having his first experience with a workplace bully. Making people feel uncomfortable is not illegal. Making females (or males)cry on the job is not illegal. Threatening to write people up if they do not agree to spy or inform on other people still gives them leeway to refuse. What are they going to be written up for? What would happen if they were written up unjustly? This is somewhat a case of the postal worker who asked to go home and was denied permission. Did the person file a complaint or incident report when the guy threw the trash can? Or was he so intimidated that he sat and stewed quietly and saw his doctor later for anxiety?

You say you are looking for the best way to stop his threatening behavior. Ignoring it maybe? Extinguish the behavior that does not get a response. His payoff is making people cower. You say he does not have the power to fire. Why do you cower? Cry? Cringe?

These people are giving this bully far too much control. He will eventually overstep his boundaries and get into trouble. Throwing a trash can at someone is assault. But you can't sue the company for this person not being nice to you, and you can't sue the person unless he physically assaults you. What kind of class action suit do you think you could pull off here? It appears you have already checked with the EEOC. Now cite any other labor laws that might apply. There aren't any. I agree that you should carefully study your own company's policies, speak with your union representatives about what avenues you and your co-workers may have to help this problem besides wanting to sue the company.

 

[ESteele]

The OP and his colleagues should closely examine their collective bargaining agreement. If their supervisor’s conduct contravenes the CBA, then they should vigorously press their union on the purported grievances.

There is an inconsistency in the OP’s account regarding the filing of grievances and the union “examining” the situation. Grievances do not just sit in a vacuum once they are made by the union. I am not accusing the OP of deception. I am suggesting, though, the OP has been misled and/or misunderstands the contours of the CBA grievance-arbitration process.

If the local files a valid grievance on behalf of a number of its members and it cannot reach an accord with management, it should take the matter to arbitration. There is nothing to examine!