coworker harassment

[dandav511]

What is the name of your state? Louisiana

 

[dandav511]

I am being harassed/bullied by a coworker. I work in a privately owned restaurant and upper management will not address the issue with said coworker.

 

[Just Blue]

I am being harassed/bullied by a coworker. I work in a privately owned restaurant and upper management will not address the issue with said coworker.

Based just on what you posted I would suggest you get a new job.

 

[dandav511]

yes, ideally that would be wonderful! However, I am not ok with just giving up that easily. and just let this person continue to behave this way to others?

 

[Eekamouse]

Can you give an example of the bullying?

 

[dandav511]

calling me names, such as stupid, a dumb ass, an airhead. calls a homosexual coworker a faggot

 

[Taxing Matters]

calling me names, such as stupid, a dumb ass, an airhead. calls a homosexual coworker a faggot

The problem here is that most verbal harassment you face at work is legal. Federal law only makes it illegal if the harassment is based on your race, color, national origin, citizenship, sex, age (if you are at least age 40). religion, disability, or genetic test information. Under Lousiana law it is illegal if it is based on your race, color, national origin, religion, sex, disability, age, sickle cell trait, pregnancy, childbirth and related medical conditions. Unless you can show that the harassment is related to one of these listed characteristics it is very likely that the harassment is legal. That doesn't mean that it's right. It's lousy behavior by your co-worker and the apparent inability of management to put a stop to it is poor business management. But the law doesn't make it illegal for employers to be poor at management. You might want to review the details of what is happening to see if you might have a case for illegal discrimination. There just are not enough facts here to make that determination. Just understand you have to be able to make a convincing case that the harassment was because of one of those protected characteristics I mentioned.

 

[LdiJ]

The problem here is that most verbal harassment you face at work is legal. Federal law only makes it illegal if the harassment is based on your race, color, national origin, citizenship, sex, age (if you are at least age 40). religion, disability, or genetic test information. Under Lousiana law it is illegal if it is based on your race, color, national origin, religion, sex, disability, age, sickle cell trait, pregnancy, childbirth and related medical conditions. Unless you can show that the harassment is related to one of these listed characteristics it is very likely that the harassment is legal. That doesn't mean that it's right. It's lousy behavior by your co-worker and the apparent inability of management to put a stop to it is poor business management. But the law doesn't make it illegal for employers to be poor at management. You might want to review the details of what is happening to see if you might have a case for illegal discrimination. There just are not enough facts here to make that determination. Just understand you have to be able to make a convincing case that the harassment was because of one of those protected characteristics I mentioned.

You do not think that calling the gay co-worker a faggot reaches that level?

 

[Eekamouse]

You do not think that calling the gay co-worker a faggot reaches that level?

Well, OP is not the gay co-worker so what does it matter? It's not the gay co-worker who posted.

 

[commentator]

Get out. But don't think you will be able to quit the job and go qualify for unemployment benefits easily. As we've mentioned, there is no illegal harassment going on. They probably would not determine that you had a good job related reason to quit the job, and if they did, it would take time.

You need to line something else up before you go. The thing is, from the sound of this, you have no EEOC complaint, nothing illegal is occurring unless the person actually physically assaults you or makes serious threats to you. Verbal abuse is just one of those "bad workplace" situations. The best way to deal with it if your employer isn't willing to fix the situation is to vote with your feet, leave.

If you don't want to leave, you'd first need to inform this person, without anger, that you don't appreciate the way they talk to you. Hopefully, they back off. If not, then you inform management.
Of course that's just what you say you have done. Since this didn't seem to help, your next step is to either decide to put up with it or remove yourself from the situation.

If you were to quit due to the harassment and file for unemployment benefits, it will take quite a while to sort out, and you may or may not ever be determined to qualify for benefits. You'd have to show that you had exhausted all reasonable remedies to try to solve the problem before quitting, and you'd have to be sure that you left right after a precipitating incident, not just based on the fact that this co worker called you names last month or something.

And as far as you can't stand or don't think it's right for him to verbally bash another co worker, that's a non starter. It's up to this other co worker to take care of himself/herself on the job, not up to you to report it, complain about it or take up the offense in his honor. As many jobs as are out there available in this economy, I'd suggest you just find another one.

 

[Taxing Matters]

You do not think that calling the gay co-worker a faggot reaches that level?

No, I do not. First, calling a gay person a "faggot" is certainly harassment based on his sexual orientation, but sexual orientation is not a protected status under either federal or Louisana law. And no, the prohibition on discrimination based on sex does not cover sexual orientation. Second, even if it had been a protected status, harassment of the co-worker does nothing for the OP. The OP cannot sue for the harassment of the co-worker. All the OP can do is seek recovery for any illegal discrimination that the OP experiences, and so far we have no facts to suggest the OP has experienced any illegal discrimination by the employer.

 

[LdiJ]

No, I do not. First, calling a gay person a "faggot" is certainly harassment based on his sexual orientation, but sexual orientation is not a protected status under either federal or Louisana law. And no, the prohibition on discrimination based on sex does not cover sexual orientation. Second, even if it had been a protected status, harassment of the co-worker does nothing for the OP. The OP cannot sue for the harassment of the co-worker. All the OP can do is seek recovery for any illegal discrimination that the OP experiences, and so far we have no facts to suggest the OP has experienced any illegal discrimination by the employer.

Thanks TM, I honesty thought that sexual orientation was covered. I now know that its not.

 

[cbg]

It is not covered under Federal law. It is covered under the laws of some, but not all, states.

 

[LdiJ]

It is not covered under Federal law. It is covered under the laws of some, but not all, states.

Thanks for that clarification cbg.

 

[Taxing Matters]

It is not covered under Federal law. It is covered under the laws of some, but not all, states.

And just to make it clear, in those states it is because the state expressly added sexual orientation to the list of protected characteristics. Louisiana though, is not among them.