TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

AUGUST 2009: HAVE YOU EXPERIENCED ACTIONABLE WORKPLACE HARRASSMENT?*

I regularly get inquiries from employees who believe that if their manager yells at them or is abusive, such conduct gives rise to an actionable legal claim of workplace harassment or hostile work environment. This is, under most circumstances, not true. Under the law, your manager is, unfortunately, allowed to be abusive either to some or all his subordinates so long as such behavior is not motivated by a discriminating bias. That is, unless you are being harassment because of your race, gender, age, sexual orientation, national origin, religious belief, etc., there is no violation of law. In addition, the discriminatory abuse has to be ongoing and persuasive. Isolated incidents do not create actionable workplace harassment.

This does not mean you should ignore the harassment and do nothing about it if is affecting your work environment. You are always free to bring the problem to the attention of human resources or your boss’ superior to try and remedy the situation. However, be mindful that unless discrimination is the motivation for the abusive environment, you will not be protected from retaliation and, Human Resources may, other than acting like they care, do nothing to remedy the matter, as the Company, absent some real physical threat of harm to its employees, is free to allow such behavior no matter how detrimental to office morale. Finally, if you do feel you need to report the matter, make sure you put your complaint in writing either initially or as a follow-up to the conversation.

Next Month’s Tip: DOES YOUR EMPLOYEE HANDBOOK PROTECT YOU FROM RETALIATION?

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.