Arella, you're being too soft.
You do want to create a stir and take them to court if they don't respond. Otherwise all the people that have been termed are not helped.
Just wishing it will go away is just for your own sake. What about people that this has happened to in the past, or will happen to in the future?
I was serious when I said "Louisiana, even worse" It's the original Good 'Ol Boys state.
I'm sure it says right in your employee handbook that this sort of activity cannot go on, and that your employer has a responsibility. If they aren't "doing anything" they are in the wrong.
I'm sure your attorney will have good advice for you tomorrow. If you choose to bring a lawsuit, the company will have to pay the damages, and fees to your attorney, won't they?
Be careful with assuming others will stand with you. People have a funny way of backing off when they have to step up. If they are all so willing to say something, why hasn't someone done so before?
That's ok though. You can be the one to stand up.
Here's another one specific to Louisiana. It looks like they pattern the federal statute.
http://blog.laborlawtalk.com/2010/09/01/louisiana-hostile-work-environment/
Quote:Louisiana Hostile Work Environment
Posted by Tamara
Several employees in Louisiana have asked, “Exactly what is the legal definition of hostile work environment?”
Confusion about this term is understandable, because it is often misused. Many workers assume that if their employer or coworkers behave badly they are creating a hostile work environment.
This is not necessarily true. The legal definition of hostile work environment requires that two conditions be met:
· The employee is targeted with negative behavior because of his or her race, color, sex, age (40-70), disability, national origin, religion or pregnancy.
· The employer is aware of this negative behavior, but takes no action to stop the behavior or prevent further occurrences.
When these two conditions exist, then the employer is creating a hostile work environment for employees in that protected group.
To further illustrate, consider two situations:
1. Jane’s employer micromanages and regularly screams, throws papers and debases workers of every race, sex and age.
2. An executive chef at a hotel regularly refers to Hispanic employees as “dumb Mexican” and “wetbacks.”
Scenario #1 doesn’t fit the legal definition of hostile work environment, but scenario #2 does.
What’s the difference? In #1, Jane’s boss is certainly a jerk, and possibly not great at manager, but he rants and raves at everyone–not one specific group. In #2, the chef targets a particular group because of their national origin. Obviously the hotel hasn’t taken steps to stop the behavior, so this scenario constitutes a hostile work environment?
What options does an employee have if they think they are the specific target of negative behavior? First, talk to the company’s Human Resources professionals. If a hostile work environment exists, the EEOC (Equal Employee Opportunity Commission) takes over. EEOC enforces the federal anti-discrimination laws and will investigate the matter.
In fact, scenario #2 was a recent lawsuit in Lisle, Illinois. The court agreed with EEOC’s position, that the Hispanic employees were indeed being exposed to a hostile work environment. The employer was mandated by the court to pay over $1 million for allowing the hostile work environment to persist.
Class action suit still sounds interesting to me, but I've never been involved in anything like that (or any suits for that matter) so I dunno.
I have had to give depositions in a will contest (don't get me going on that) and I was completely miserable about having to do that, so I get what Rockhead is saying there.
@ossobuco,
Quote:I get what Rockhead is saying there.
Yep, me too. No one is obligated to stay in a job that makes them miserable. No employer is obligated to make their employees feel valued. There are lines in the sand that can't be crossed. If the company treats the staff like **** then they'll have a morale and turnover problem. If they don't care about that then they don't value the employee and think of them as an easily replaceable commodity. It's not a healthy situation for Arella to stay in but there may be little legal recourse.
@chai2,
Quote:I'm sure it says right in your employee handbook that this sort of activity cannot go on, and that your employer has a responsibility. If they aren't "doing anything" they are in the wrong.
This is a good point.
Arella, do you have an employee handbook?
@JPB,
There is also that matter that I've found true for myself in the past but may be just a truism - it is easier to find a new job if you already have a job.
@JPB,
Unless I've missed something, it seems this Beverly has only targeted women.
If that's true, then there you go.
It seems that Scenario 1 will only work for you if it's only women she's been hostile to, so my question is: Is there a harassment policy in your company or state? I find it inconceivable that any company would be allowed to treat others like this (and by company I also mean its employees). We have 'hate' policies in many companies (governments included) here which are quite clear about what won't be tolerated (verbal abuse, swearing, certain behaviours, etc). Maybe you could look into that.
@JPB,
As JPB has stated, all personnel manuals cover harassment on the job.
Report it to that manager's supervisor. If they don't do anything, sue.
Take it to a labor attorney; they'll be more than happy to "help."
@JPB,
JPB wrote:They're replying under federal law.
Talk to your local attorney tomorrow. He/she can advise you about applicable LA law.
Yes; that is a very important point.
David
@Arella Mae,
If you are serious about hiring an attorney and filing a law suit, you shouldn't send anything to HR without it first being cleared by your attorney.
@Butrflynet,
Butrflynet wrote:If you are serious about hiring an attorney and filing a law suit,
you shouldn't send anything to HR without it first being cleared by your attorney.
That 's
RIGHT. Do
nothing before conferring with your attorney.
David
@OmSigDAVID,
Yeah, that bears repeating for a third time.
