Hostile Work Environment

17 01, 2020

3 Types of Age Discrimination That Are Depressingly Common

By |2020-01-17T23:51:54+00:00January 17th, 2020|Age Discrimination, Hostile Work Environment, Workplace Discrimination|0 Comments

And How Employers Get Away With It According to the Age Discrimination in Employment Act and other state and federal laws, it’s illegal for employers to discriminate against employees or job applicants because of their age. However, according to the Equal Employment Opportunity Commission (EEOC), approximately 60% of surveyed older workers claimed to have experienced or witnessed age discrimination in the workplace—and 90% of those respondents said it was a common occurrence. Even though age discrimination is illegal, employers have been taking increasingly creative measures to avoid complying with the law. Here are three different forms age discrimination can take. Refusing to Call It “Firing” Your employer probably won’t come out and tell you that they’re firing you because of your age. But employers do this all the time. One way they get away with it is by calling your firing a “job elimination.” They’re not actually firing you—just eliminating your job title. But a few weeks later, they’ve reinstated the job under a different title and filled the position with a younger worker. Layoffs can also serve as a tactic for employers to let older workers go. The law requires employers to release lists of employees who were both [...]

12 04, 2018

Sexual Harassment In The Workplace

By |2018-04-12T14:04:56+00:00April 12th, 2018|Hostile Work Environment, Sexual Harassment, Uncategorized|0 Comments

What is Sexual Harassment? Sexual harassment involves unwelcome offensive sexual advances, communication, or conduct in the workplace. Sexual harassment violates the law. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. There are two types of situations where sexual harassment in the workplace becomes actionable – when it creates a hostile work environment and when a “quid pro quo” arrangement arises due to the sexual advances of a supervisor or other person in a position of power over the employee. What is hostile work environment sexual harassment? Hostile work environment sexual harassment involves speech or conduct that is severe enough to result in an intimidating or demeaning workplace, in turn affecting an employee’s job in a negative way. Hostile work environment sexual harassment can result from communication or conduct on the part of a supervisor, co-worker, subordinate, or non-employee (such as a customer or client). A victim of sexual harassment can be the employee to whom the conduct or communication is directed or another person who is impacted by the offensive communication or conduct. For example, inappropriate and unwelcome touching, as well [...]

17 11, 2016

How Do I Sue My Employer? What Employees Need to Know About the Legal Process

By |2017-07-29T08:41:58+00:00November 17th, 2016|Americans with Disabilities Act Claims, Family and Medical Leave Act Claims, Hostile Work Environment, Pregnancy Discrimination, Sexual Harassment, Wage Theft & Unpaid Wages, Workplace Discrimination, Wrongful Termination & Retaliation|0 Comments

What you need to do and when Filing a lawsuit against your employer can be a daunting process, especially if you’ve never had to navigate the legal system before. If you’re like a lot of people, you’re probably going to spend some time doing Internet research before you pick up the phone to call an attorney. While being informed is a great impulse, it’s also important to realize that the sooner you speak to an attorney, the more likely your complaint is going to come out to a successful conclusion. You may thinking, “Well, sure … you’re attorneys so of course you’re going to say that.” But the truth of the matter is that if you’re even considering filing a lawsuit against your employer, everything you say and do from that moment on can potentially be included in the suit. Creating a consistent and legally sound narrative from the beginning can be a significant advantage when facing off against an employer – especially if that employer has deep pockets. Let’s talk about what steps you need to take if you believe that you’ve been subjected to unlawful behavior or practices.  While it’s important to acknowledge that every situation is unique, [...]

7 09, 2016

Yes, You Can You be Fired for Your Political Social Media Posts (Sometimes)

By |2017-07-29T08:41:59+00:00September 7th, 2016|Employment Agreements, Hostile Work Environment, Workplace Discrimination, Wrongful Termination & Retaliation|0 Comments

What workers need to know about their rights to free speech online You can’t get on most forms of social media these days without seeing something about the upcoming election. But with so many discussions around hot-button issues such as race, religion, and equality, you may wonder if airing your opinions on social media could get you into trouble at work. Let’s take a look at some things you should know about how your online activities could impact your job. Freedom of Speech Many people have the mistaken belief that the First Amendment of the U.S. Constitution affords a right to free speech that allows citizens to say whatever they like without fear of repercussions. That’s only partially true. While the First Amendment does contain some language protecting freedom of speech, the amendment stops short of protecting all language. For example, speech that incites lawless action is generally not protected. It’s also important to note that the First Amendment mainly pertains to the government’s role in free speech. Generally, the amendment is intended to protect people from being silenced, jailed, or otherwise punished for putting forth certain ideas. However, the right to free speech generally does not bar companies from [...]

4 08, 2016

Was it Horseplay or Sexual Harassment? Worker Claims Male-on-Male Antics Created Hostile Work Environment

By |2016-08-04T16:00:10+00:00August 4th, 2016|Hostile Work Environment|0 Comments

Supervisors participated in inappropriate behavior Joking on the job can certainly be a morale booster … but if it goes too far, serious problems can arise. An ongoing court case is a great example of how questionable behavior may quickly cross the line into unlawful territory. A supervisor with a penchant for exposing himself at work decided to play a joke on a worker who didn’t appreciate his humor. Now the company is being sued over the incident. Let’s take a look at what happened here, and how the law may view hostile work environment claims based on same-sex harassment. An Unwelcome Gift It was Kevin Hoit’s last day working as a mechanic for the Capital District Transportation Authority (CDTA). He was in the middle of changing an air compressor when a much-larger coworker attempted to grab him from behind. Hoit ran but he wasn’t fast enough. The coworker threw him to the ground, grabbed both of his arms, and sat on his back while Hoit screamed to be released. Then Hoit’s supervisor approached. He told Hoit that he had a “going away present” for him. The supervisor dropped his pants and placed his bare genitals on the back of [...]

3 06, 2016

My Coworker Watches Porn All Day and My Boss Won’t Stop Him

By |2017-07-29T08:41:59+00:00June 3rd, 2016|Hostile Work Environment|0 Comments

Court weighs in on hostile work environment claim What if the person who sits next to you at work consistently looked at online pornography during work hours? Would it make you uncomfortable, even if you couldn’t see it? What if you complained and the boss didn’t address the situation? Do you have any recourse even though you were not directly or personally sexually harassed? A federal employee recently sued over a similar scenario. In its opinion, the court spelled out some interesting distinctions about when a coworker’s behavior may or may not cross the line into unlawful territory. The Party Next Door Sharon Stewart worked for the Federal Communications Commission (FCC) for over 30 years. After working in a cubicle for more than three decades, Stewart was used to a certain amount of ambient noise from her coworkers. However, there was some noise that Stewart found hard to ignore. The man who occupied the cubicle next to Stewart’s liked online porn. In fact, he liked it so much that he spent quite a bit of time viewing it at work. In addition, this coworker frequently invited other male staffers into his cubicle to view his collection. At these times, Stewart [...]

17 03, 2016

Woman Says Boss Wouldn’t Pay OT Unless She Slept With Him

By |2017-07-29T08:41:59+00:00March 17th, 2016|Hostile Work Environment, Sexual Harassment, Wage Theft & Unpaid Wages|0 Comments

Employee alleges that company owner continually made her stay late so he could sexually harass her Wage and hour violations are, unfortunately, very common. As we recently reported, complaints about violations of the Fair Labor Standards Act (FLSA) are up by 30% since 2011. However, we just ran across a case that put a new spin on overtime violations. In this case, a woman claims that her boss repeatedly made her work after hours so he could sexually harass her. The kicker: He then refused to compensate her for the overtime unless she gave in to his advances. Unfortunately, this is just another example of an unscrupulous employer attempting to use his position of authority to exploit his workers. Let’s take a look at what happened in this case and then discuss what it means to workers. Overtime Had Strings Attached Amanda Malphurs was an hourly office employee for Cooling Tower Systems (CTS). She alleges that during her employment with CTS, company owner Joe Coates subjected her to a constant barrage of sexual harassment and advances. Malphurs states that Coates frequently asked her to stay late. After the other employees vacated the building, Coates would attempt to touch Malphurs. She [...]