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Are You In A Hostile Workplace?
Warlike; inimical; unfriendly; antagonistic; opposed;
adverse; opposite; contrary; repugnant.
-Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.
It's ugly no matter how you look at it, but
what defines "hostile" with respect to employment law and the
workplace?
In the legal sense, it's when the person
"stirring the pot", if you will, is creating an intimidating,
offensive, abusive or hostile work environment through
discriminatory workplace
harassment toward one or more employees. It is also illegal to
retaliate against a
worker for filing a discrimination claim.
While it sucks having a mean boss or
bullying co-workers, the operative word there is "discriminatory".
Unfortunately, there is no Federal law that protects workers from a
"hostile work environment" or a "hostile workplace" unless some type
of discrimination has taken place with regards to race, sex, color,
religion, national origin, age, or equal pay. In addition, the
hostility must be severe enough that a reasonable person would feel
force to quit work. Sadly, the company must collectively have
15 or more employees.
Still, hostile work environments can and do
flourish without discrimination playing a part. Gossip.
Rumor mongering. Back-stabbing (the non-lethal kind).
Being the butt of jokes or being made fun of. All hostile, yet
not illegal.
You may be reading this page because you or
a co-worker is at the mercy of an abusive boss or co-worker and you
want it to stop. Even though there is no law against it, all
hope is not lost.
You
can fight back by becoming part a "protected class". Being in
a protected class means that your employer cannot fire you, or take
other negative actions against you, because you are a member of your
protected class. Should your employer take action against you
shortly after becoming part of a protected class, the court will
presume that any discipline from your boss was done in retaliation.
There are multiple protected classes that the law recognizes.
It's easy becoming part of a protected class
even when there is no discrimination involved. In fact, your
employer doesn't want you to know that and hopes you never find
out. You can legally and easily fight a hostile workplace with
Work Laws Exposed.


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