Just seeking confirmation

[CJane]

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

Is harassment ONLY against the law when it's directed towards someone of a protected class?

I know that both MO and KS have contemplated bills that would make ANY form of bullying/harassment/unfair treatment illegal - but have no idea if they passed in any form.

Thanks.

 

[respectthedad]

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

Is harassment ONLY against the law when it's directed towards someone of a protected class?

I know that both MO and KS have contemplated bills that would make ANY form of bullying/harassment/unfair treatment illegal - but have no idea if they passed in any form.

Thanks.

What do you mean as "protected class"?

 

[Isis1]

What do you mean as "protected class"?

age is a protected class. sex is a protected class. race is a protected class. sexual orientation is a protected class. disabled is a protected class.

 

[Isis1]

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

Is harassment ONLY against the law when it's directed towards someone of a protected class?

I know that both MO and KS have contemplated bills that would make ANY form of bullying/harassment/unfair treatment illegal - but have no idea if they passed in any form.

Thanks.

i haven't seen anything yet. i did some research for my husband a few months back. from the numerous states and their statutes that i could find, it seems you can be bullied and picked on, as long as it is not because you are in a protected class.


i can pick on someone who is african american, who has pink hair because they have pink hair, and not because they are african american.

 

[respectthedad]

age is a protected class. sex is a protected class. race is a protected class. sexual orientation is a protected class. disabled is a protected class.

But is it certain races? Certain ages? Or just being harrassed with these in mind generally? Like they didnt give him the job becuase he was too young or old?

 

[Isis1]

But is it certain races? Certain ages? Or just being harrassed with these in mind generally? Like they didnt give him the job becuase he was too young or old?

not certain races, ALL races.

not giving some a job because they are too old (not because they physically couldn't handle the position) is not legal. not hiring someone who is below a personally preferred age, is not legal. such as hiring the 52 year old lady with 1 year of experience to the 26 year old with 10 years of experience.

 

[CJane]

What is and is not considered a protected class varies by state.

In MY state, it is defined as follows:

* Race
* Color
* National origin
* Religion
* Sex (including pregnancy, childbirth, and related medical conditions)
* Disability: Physical or mental
* Age (40 to 70)
* Citizenship status
* Genetic information
* Gender
* AIDS/HIV
* Off-duty tobacco use

 

[Isis1]

What is and is not considered a protected class varies by state.
In MY state, it is defined as follows:

* Race
* Color
* National origin
* Religion
* Sex (including pregnancy, childbirth, and related medical conditions)
* Disability: Physical or mental
* Age (40 to 70)
* Citizenship status
* Genetic information
* Gender
* AIDS/HIV
* Off-duty tobacco use

now that's something i didn't know.....

 

[cbg]

Under Federal law, the following characteristics are protected under the law.

Race
Religion
National Origin
Gender
Pregnancy
Disability
Age (over 40 only)

There is talk of adding sexual orientation to that list but it has not passed yet.

The above includes BOTH genders, ALL races, ALL national origins, etc. It is just as illegal to discriminate against someone for being a white male as it is to discriminate against someone for being a Hispanic female.

In the OP's state, you can add genetic testing information to that list, and limit age to between 40-70.

The problem with anti-bullying laws (and no state has as yet passed any) is that what is considered bullying is very subjective. There are employees who think they are being bullied if the employer refuses to give them Friday off, or who insists that they come to work on time. I'm not exaggerating; I've had employees like that. Before any enforceable anti-bullying laws can exist, there has to be a meeting of the minds as to what bullying is.

 

[Isis1]

The problem with anti-bullying laws (and no state has as yet passed any) is that what is considered bullying is very subjective. There are employees who think they are being bullied if the employer refuses to give them Friday off, or who insists that they come to work on time. I'm not exaggerating; I've had employees like that. Before any enforceable anti-bullying laws can exist, there has to be a meeting of the minds as to what bullying is.

i know a few people like that.

 

[CJane]

So, what, in general should an employee's next step be if the hostility has been addressed with the manager on multiple occasions and employee is essentially told that 'it is what it is'?

Employee is white female, mid-30's - only 'disability' is a diagnosis of severe generalized anxiety disorder. Employee was non-medicated and doing well until recently, when management developed hostile attitudes. Now, employee is medicated, still not sleeping and having panic attacks before and after work - sometimes during the work day.

Management is aware of diagnosis and continually makes comments like "I'm under a lot of stress, but good news! I don't have to take meds for it!" or "Wow, that was stressful - anyone have a Xanax I can borrow?"

Employee doesn't want to 'play the card', but is at wits end. The real down side is that employee likes the company, likes her co-workers and fears coming to work due to management's attitudes towards all of the employees in the dept.

Is there anything that can/should be done/advised other than to suck it up or find a new job?

 

[cbg]

That *might* be harassment on the basis of disability. Has HR been informed?

 

[commentator]

What about violating HIPPA? Is the manager saying things about the woman's condition, treatment, weak character,etc. in front of or in the hearing of other employees? Then she is violating the woman's right to confidentiality about her medical conditions. Not to mention being a general ass, which is irrelevent.

Agree with cbg. She needs to speak with HR, explain the problems she is having with this particular manager, take this higher. She has nothing to lose, as the alternative is just to get sicker, more anxious, more miserable while the woman continues to bully her.

Has she had to leave work or be off work for any time due to the panic attacks? She should always be able to provide doctor's statements for any illness related absences. These are to be kept confidential by the employer, not shared with other workers as a means of harrassing the person.

 

[mlane58]

What about violating HIPPA? Is the manager saying things about the woman's condition, treatment, weak character,etc. in front of or in the hearing of other employees? Then she is violating the woman's right to confidentiality about her medical conditions. Not to mention being a general ass, which is irrelevent.

The majority of employers are not considered a covered entity when it comes to HIPAA, so they wouldn't be violating her confidentiality.

Has she had to leave work or be off work for any time due to the panic attacks? She should always be able to provide doctor's statements for any illness related absences. These are to be kept confidential by the employer, not shared with other workers as a means of harrassing the person.

Wrong. HIPAA does not protect your employment records, even if the information in those records is health-related.

 

[cbg]

Sorry, Commentator, but unless the employer is a doctor, hospital, health insurance carrier, medical billing office or the like, the ONLY information that is protected under HIPAA is information that may have been obtained from the group health insurance plan, and even then only if the plan is self-insured. HIPAA is by no means as broad as most people assume and does not include information that was provided directly by the employee or which relates to employment records such as absences or tardies. A doctor's note has no legal force in law outside of FMLA.

Nice try, though!