Job-related stress is virtually a given for anyone who collects a paycheck. But employees are entitled to certain protections against hostility in the workplace, among them the right to carry out their job duties without unjust interference or discrimination on the basis of protected status, activity or affiliation. A hostile work environment is one in which employees are regularly subjected to certain types of abusive and discriminatory behavior, which creates a harsh and repressively unworkable atmosphere. It’s important to note that not every act of workplace aggression constitutes an issue of law. However, informing yourself of your rights can be the first step to safeguarding against unlawful harassment in the workplace.
Under state and federal law, employees are protected against harassment and discrimination on the basis of:
- Race and national origin
- Sex and gender
- Age
- Religion
- Sexual harassment
- Disability
- Pregnancy
- Worker’s compensation
- FMLA leave
These are the typical areas of protected status. For example, an employer cannot give you a hard time for requesting FMLA leave or after you return to work from FMLA leave. An employer cannot stand by while your supervisor harasses you or alters your responsibilities because of your race or national origin. If you become pregnant, your employer is constrained from treating you any differently from other employees who are not pregnant. An exceedingly common form of unlawful workplace hostility is sexual harassment. Regardless of your other areas of protected status, it is always illegal for an employer to perpetrate or tolerate sexual harassment against an employee.
It is the responsibility of the employer to meaningfully address workplace hostility toward their employees on the part of supervisors, clients, customers and others. Disciplinary action is not sufficient if the harassment is permitted to continue, as the employee is still subjected to a hostile work environment. An employer’s failure to substantively act on workplace harassment can lead to their liability for the hostile work environment.
If you are an employee dealing with a hostile work environment, contact the Equal Employment Opportunity Commission about filing a charge of discrimination. Whether you are an employer seeking to address unlawful activity in the workplace or an employee concerned about a hostile work environment, you may also wish to contact an experienced employment law attorney to be advised of your rights and obligations.
We at Fernee Kelly Law are here to help.
– CJR for the firm.
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