Workplace Bullying, Harassment, and Hostile Work Environments
Many people claim to be the victim of bullying or harassment in the workplace or working in a hostile work environment; however, each of these has specific legal definitions and can be difficult to prove.
Bullying
Bullying is defined as an intentional act that causes harm to others, and may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion such as manipulation, blackmail, or extortion. It is aggressive behavior that intends to hurt, threaten, or frighten another person. An imbalance of power between the aggressor and the victim is often involved.
Your administrator has the right to direct your work. You do not have to like the directives, but you do have to comply. Failure to follow a directive of your administration is grounds for a charge of insubordination which can lead to disciplinary action up to and including termination.
Just because your principal is a jerk, does not necessarily mean he/she is bullying you.
In order to prove that you are the victim of workplace bullying, you will need to provide substantial documentation and corroborating witnesses.
Harassment
Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they believe discriminate against individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
· The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
· The victim does not have to be the person harassed but can be anyone affected by the offensive conduct.
· Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Proving Harassment
The best way to prove you have been harassed in the workplace is to gather proof in all the following ways:
· Establish a timeline
· Gather evidence
· Find witnesses
To establish a timeline, you should start by recording every instance of harassment right after it happened. Write them down in a single place and be as thorough as possible. Information should include date and time and as much detail as possible about the encounter.
As more instances are recorded in this way, you can show that there has been a pattern of behavior over an extended period.
You can further corroborate this information by sharing it with others whom you trust, after the harassment occurs. Talk to friends or even work associates you can trust. You might also consider contacting your HR department or federal and state employment agencies, such as the Equal Employment Opportunity Commission (EEOC), after each incident.
Evidence can come in many different forms. If you live in a one-party recording state (in which you do not need another person’s consent to record them), you can attempt to record comments made by your harasser on your phone as they happen. No matter where you live, you can save any voicemails or emails in which harassment occurs.
Tennessee is a single-party state; however, note that recordings are not often admissible in court proceedings because it can be difficult to hear people who are further away from the microphone, it might be difficult to discern the different voices on the recording (to determine exactly who said what), and it might be difficult to understand exactly what was said.
Take pictures of any drawings or writing that is offensive and gather any items that have been used to humiliate or otherwise harass you.
Finally, look for allies in your workplace. It is likely that some of your fellow employees have noticed the harassment against you, and some of them may be sympathetic. Some may even have been victims of harassment themselves. If you can confirm the harassment through their testimony, you will have a much stronger case.
It is not always possible to provide extensive proof of your harassment. A careful harasser may avoid putting anything in writing or behaving badly in front of others. Your fellow workers may refuse to stand up for you and testify against a boss or coworker. In the end, you may only have your own timeline and your own word against your harasser.
Hostile Work Environments
An employee with an unlikable bad habit or one that repeatedly bothers another coworker isn’t quite enough to create a hostile work environment. So, what does? A true hostile work environment must meet certain legal criteria, according to the U.S. Equal Employment Opportunity Commission (EEOC). An environment can become hostile when:
· Unwelcome conduct, or harassment, is based on race, sex, pregnancy, religion, national origin, age, disability, or genetics
· Harassment is continued and long lasting
· Conduct is severe enough that the environment becomes intimidating, offensive, or abusive
Learn more about these requirements below, and when a work environment is likely to turn hostile.
Work performance is hindered
To establish a hostile work environment, an employee must be able to show that the words and actions of a coworker or supervisor make it impossible to do their job effectively. This may include severe, pervasive, and unwelcome behavior, or words or actions that, if not amended, would make the employee unable to function in their role.
Discrimination occurs
The coworker or supervisor accused of creating a hostile work environment has to display behavior that is consistent with discrimination. The Civil Rights Act of 1964 and regulations maintained by the EEOC define discrimination as behavior against someone of a protected class, meaning discrimination that occurs based on gender (or gender identity), race, age, disability, sexual orientation, or religion.
Effective handling has not occurred
When an employee makes a hostile work environment claim, there is a chance their manager or employer has either witnessed the harassment or been notified of it. Once reported, it is typically the employer’s responsibility to address the issue timely and effectively to find resolve. If not — if a case is ignored or handled poorly — the employer becomes responsible for fostering a hostile work environment.
Burden of proof
For any hostile work environment claims, regulators are required to look at the experience of the employee reporting it to ensure it meets the necessary criteria to make a case. This means the burden of proof falls on the victim of the behavior to establish a viable claim — one that includes discrimination that is severe, pervasive, or unwelcome, and that adds additional burdens to their career movement.
Those examining a case may ask these questions to determine if a situation or environment may be considered hostile:
· Was the behavior in question unwelcome?
· Did the incidents occur multiple times over a period of time?
· Did the incidents occur against someone whose class is protected?
If you believe you are being bullied, harassed, or are in a hostile work environment, contact your UniServ Director.
Shannon Bain Carin Polk
Antioch Glencliff
Cane Ridge Hillsboro
Hunters Lane Hillwood
Maplewood Overton
McGavock Pearl-Cohn
MNPS Support Hub/Itinerant Whites Creek
Stratford