Stop Pissing Me Off What to Do When the People You Work with Drive You Crazy by Lynne Eisaguirre Read Free Book Online Page A
Authors: Lynne Eisaguirre
alleged that he was retaliated against because he had testified as a witness in a racial discrimination case. He claimed that the VP involved in the case “belittled” him in meetings after he testified. While this might have been a good claim of retaliation, my investigation revealed that this particular VP treated other employees exactly the same way and that the employee himself had been treated in the same manner before the lawsuit. Sexual Favoritism
Another type of illegal harassment is illegal sexual favoritism. If it’s isolated instances of management giving favorable treatment to paramours, in most cases it isn’t illegal, although it probably violates your organization’s policy. It is illegal if sexual favoritism is widespread in the company.
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03. Your Workers’ Bill of Rights
hostile environMent
Last, but not least, is an illegal hostile environment. This is the accusation that many people hurl around carelessly. Many people seem to think that they are in a hostile environment if someone’s behavior offends them. Not true. In order to prove a true hostile environment you have to show that the behavior was discriminating or sexually harassing in tone and nature. This means that it was based on one of the protected characteristics listed earlier. In other words, it’s not just that someone is harassing you, but that he or she is harassing you specifically because of your sex, race, color, religion, and so on. Contrary to popular belief, in most states, there’s no such thing as illegal “general” harassment. If it’s not tied to one of these protected classifications, it is not illegal. However, general harassment may violate criminal laws (assault, stalking, and threats among them) if it is severe enough.
Second, you must prove that the behavior is unwelcome by the victim, meaning that you didn’t encourage the behavior or participate in it. Third, in order to prove illegal harassment, you must show that it was severe, meaning that it interfered with work. Last, you have to prove that the employer knew about the harassment, or should have known, and did nothing. You must be able to prove all four of these factors in order to prove illegal harassment under the law.
harassment or discrimination under your
organization’s policies
Employers can, and frequently do, prohibit all harassment under their own policies, not just harassment based on race, sex, or other protected characteristics. This may include all
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stop Pissing Me Off!
behavior that is disrespectful. Check your organization’s policies, which should be posted in the workplace or on the Web site. You may be surprised to learn how broad it is. A typical statement might be:
WorkPLaCe HaraSSmenT
ABC Company is committed to providing all employees with a work environment free from hostility and harassment and provides this policy to express that commitment. We recognize that harassment of employees in any form destroys morale, impairs productivity, and is not permissible in a productive, cooperative environment. ABC Company will carefully investigate and vigorously enforce all reported violations of this policy. Harassment by management or coworkers including but not limited to harassment based upon race, sex, color, religion, national origin, age, disability, or veteran status, whether verbally or physically, will not be tolerated. Harassing language or actions are not only a violation of company policy, but may constitute an illegal act. We will comply with all federal, state, and/or local laws.
ABC Company prohibits workplace harassment of every
kind, including sexually related conduct of a physical, verbal, or visual nature that creates an intimidating, hostile, seductive, or offensive work environment; unwanted touching, patting, grabbing, repeated objectionable sexual flirtations, propositions, suggestive comments, lewd jokes, and display in the workplace of sexually explicit
Another type of illegal harassment is illegal sexual favoritism. If it’s isolated instances of management giving favorable treatment to paramours, in most cases it isn’t illegal, although it probably violates your organization’s policy. It is illegal if sexual favoritism is widespread in the company.
| 30 |
03. Your Workers’ Bill of Rights
hostile environMent
Last, but not least, is an illegal hostile environment. This is the accusation that many people hurl around carelessly. Many people seem to think that they are in a hostile environment if someone’s behavior offends them. Not true. In order to prove a true hostile environment you have to show that the behavior was discriminating or sexually harassing in tone and nature. This means that it was based on one of the protected characteristics listed earlier. In other words, it’s not just that someone is harassing you, but that he or she is harassing you specifically because of your sex, race, color, religion, and so on. Contrary to popular belief, in most states, there’s no such thing as illegal “general” harassment. If it’s not tied to one of these protected classifications, it is not illegal. However, general harassment may violate criminal laws (assault, stalking, and threats among them) if it is severe enough.
Second, you must prove that the behavior is unwelcome by the victim, meaning that you didn’t encourage the behavior or participate in it. Third, in order to prove illegal harassment, you must show that it was severe, meaning that it interfered with work. Last, you have to prove that the employer knew about the harassment, or should have known, and did nothing. You must be able to prove all four of these factors in order to prove illegal harassment under the law.
harassment or discrimination under your
organization’s policies
Employers can, and frequently do, prohibit all harassment under their own policies, not just harassment based on race, sex, or other protected characteristics. This may include all
| 31 |
stop Pissing Me Off!
behavior that is disrespectful. Check your organization’s policies, which should be posted in the workplace or on the Web site. You may be surprised to learn how broad it is. A typical statement might be:
WorkPLaCe HaraSSmenT
ABC Company is committed to providing all employees with a work environment free from hostility and harassment and provides this policy to express that commitment. We recognize that harassment of employees in any form destroys morale, impairs productivity, and is not permissible in a productive, cooperative environment. ABC Company will carefully investigate and vigorously enforce all reported violations of this policy. Harassment by management or coworkers including but not limited to harassment based upon race, sex, color, religion, national origin, age, disability, or veteran status, whether verbally or physically, will not be tolerated. Harassing language or actions are not only a violation of company policy, but may constitute an illegal act. We will comply with all federal, state, and/or local laws.
ABC Company prohibits workplace harassment of every
kind, including sexually related conduct of a physical, verbal, or visual nature that creates an intimidating, hostile, seductive, or offensive work environment; unwanted touching, patting, grabbing, repeated objectionable sexual flirtations, propositions, suggestive comments, lewd jokes, and display in the workplace of sexually explicit
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