Hostile work environment

[mick199]

My Daughter is a restaurant manager for a large hotel chain in Atlanta, Georgia. She continually has to deal with insubordination from her employees. On the few occasions when she has to discipline someone(according to corporate policy), the disciplined employee becomes verbally abusive and physically threatening to her. On one occasion, a male employee had to be physically restrained by security and escorted off the property. On a second occasion, a male employee approached my daughter in a physically threatening manner and stood inches away from her while he brow-beat her in front of other associates. When she reports this to her supervisor and to human resources, they always sweep the threatening behavior under the rug and impy that the escalating tension and confrontation is due to some failure on my Daughter's part. Unfortunately, race has become an issue. No one ever wants to race issues when it is reversed from its usual application. My Daughter is caucasion and 90% of her employees are African American. When she has to discipline an employee of a different race, that employee always chareges racism in an attempt to escape accountability for their actions. Her management team is apprehensive about supporting her because they are intimadated

 

[Litigation!]

My Daughter is a restaurant manager for a large hotel chain in Atlanta, Georgia. She continually has to deal with insubordination from her employees. On the few occasions when she has to discipline someone(according to corporate policy), the disciplined employee becomes verbally abusive and physically threatening to her. On one occasion, a male employee had to be physically restrained by security and escorted off the property. On a second occasion, a male employee approached my daughter in a physically threatening manner and stood inches away from her while he brow-beat her in front of other associates. When she reports this to her supervisor and to human resources, they always sweep the threatening behavior under the rug and impy that the escalating tension and confrontation is due to some failure on my Daughter's part. Unfortunately, race has become an issue. No one ever wants to race issues when it is reversed from its usual application. My Daughter is caucasion and 90% of her employees are African American. When she has to discipline an employee of a different race, that employee always chareges racism in an attempt to escape accountability for their actions. Her management team is apprehensive about supporting her because they are intimadated

My response:

Thank you for your wonderful story. I'll pass it on to the Black contributors.


IAAL

 

[mick199]

Iaal

To IAAL:
Take your head out of the sand! Issues of right and wrong(especially where violence is concerned) should transcend racial considerations. That is, in fact, a part of my complaint. Your attempt to demean my comments by a feeble attempt at satire demonstrates your empty-headedness.

 

[Litigation!]

To IAAL:
Take your head out of the sand! Issues of right and wrong(especially where violence is concerned) should transcend racial considerations. That is, in fact, a part of my complaint. Your attempt to demean my comments by a feeble attempt at satire demonstrates your empty-headedness.

My response:

"empty-headedness"?

Pal, you NEVER asked a legal question!!

Talk about "empty-headedness"!!

IAAL

 

[mick199]

Response to IAAL

To IAAL:
Apparently my comments were cut short by a limitation on the amount of "characters" that can be used on a “post”.
My legal question:
What can my Daughter do to compel her employer to conform to Federal and State Regulations with regard to work place violence?
Oh and....yes empty-headedness!!!!!!!!
Aparrently you believe that there must be two standards by which to judge threatening acts.

 

[seniorjudge]

To IAAL:
Apparently my comments were cut short by a limitation on the amount of "characters" that can be used on a “post”.
My legal question:
What can my Daughter do to compel her employer to conform to Federal and State Regulations with regard to work place violence?
Oh and....yes empty-headedness!!!!!!!!
Aparrently you believe that there must be two standards by which to judge threatening acts.

double post

https://forum.freeadvice.com/showthread.php?p=1285369&posted=1#post1285369

 

[mick199]

Wpv

When employees report threats, harassment or other potentially violent conduct in the workplace, employers have a legal obligation to act.
A policy against violence must not only exist, it must also be enforced. If an employee complains of another employee's violent behavior, the employer must conduct an investigation and take preventative steps to remedy the situation

Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees
A failure to prevent workplace violence has importnt legal consequences for employers, managers and employees.
Assault is defined as "any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence". This means that an assault can be comitted without touching another person-fear of immeadiate violence is enough. Judges and magistrates are unsympathetic to this sort of behaviour and those found guilty can expect heavy fines and even jail sentences.

 

[seniorjudge]

When employees report threats, harassment or other potentially violent conduct in the workplace, employers have a legal obligation to act.
A policy against violence must not only exist, it must also be enforced. If an employee complains of another employee's violent behavior, the employer must conduct an investigation and take preventative steps to remedy the situation

Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees
A failure to prevent workplace violence has importnt legal consequences for employers, managers and employees.
Assault is defined as "any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence". This means that an assault can be comitted without touching another person-fear of immeadiate violence is enough. Judges and magistrates are unsympathetic to this sort of behaviour and those found guilty can expect heavy fines and even jail sentences.

https://forum.freeadvice.com/showthread.php?p=1285369&posted=1#post1285369

double post

 

[mitousmom]

OSHA doesn't apply to your daughter's situation with her subordinates. OSHA governs recognized occupational hazards that cause or are likely to cause death or serious physical harm to employees. Violent or potentially violent employees aren't considered to be recognized occupational hazards.

I'm not sure the anti discrimination laws apply either. Whether they do, depends upon how your daughter's management handles comparable situations involving non-caucasian managers. If her management doesn't act differently when a non-caucasian manager is involved, then management is not treating her differently because of her race.

If management penalizes caucasian employees who threaten the managers, but not black employees, the penalized caucasian employees probably have grounds to complain of discriminatory treatment.

When your daughter thinks she's being assaulted, she needs to call the local police.

 

[mick199]

mitousmom

Thank you for a thougtful reply!!
Best Reagrds****************************

 

[mick199]

OSHA/correction/clarification

From the OSHA website:

U.S. Department of Labor
Occupational Safety & Health Administration
Safety and Health Topics Workplace Violence

Violence in the workplace is a serious safety and health issue. Its most extreme form, homicide, is the third-leading cause of fatal occupational injury in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), there were 551 workplace homicides in 2004 in the United States, out of a total of 5,703 fatal work injuries.

Environmental conditions associated with workplace assaults have been identified and control strategies implemented in a number of work settings. OSHA has developed guidelines and recommendations to reduce worker exposures to this hazard but is not initiating rulemaking at this time.
There are currently no specific standards for workplace violence. However, this page highlights Federal Registers (rules, proposed rules, and notices) and standard interpretations (official letters of interpretation of the standards) related to workplace violence.
Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". Section 5(a)(2) requires employers to "comply with occupational safety and health standards promulgated under this Act".

 

[mitousmom]

From the OSHA website:

OSHA has developed guidelines and recommendations to reduce worker exposures to this hazard but is not initiating rulemaking at this time.
There are currently no specific standards for workplace violence.

Since OSHA hasn't promulgated rules or imposed occupational standards for workplace violence, there are no OHSA rules that apply to your daughter's situation or federal rules to which her employer can be forced to comply.

 

[seniorjudge]

OSHA doesn't apply to your daughter's situation with her subordinates. OSHA governs recognized occupational hazards that cause or are likely to cause death or serious physical harm to employees. Violent or potentially violent employees aren't considered to be recognized occupational hazards.

I'm not sure the anti discrimination laws apply either. Whether they do, depends upon how your daughter's management handles comparable situations involving non-caucasian managers. If her management doesn't act differently when a non-caucasian manager is involved, then management is not treating her differently because of her race.

If management penalizes caucasian employees who threaten the managers, but not black employees, the penalized caucasian employees probably have grounds to complain of discriminatory treatment.

When your daughter thinks she's being assaulted, she needs to call the local police.

Do not encourage double posters.