Anyone who has suffered harassment by managers and co-workers knows how negatively it affects the quality of the employment relationship – often turning the workplace into a "hostile work environment." These behaviors can turn a dream job into a waking nightmare. Some forms of harassment, discrimination, and retaliation are illegal, but others are simply not legal issues with an obvious remedy.
Estimates suggest that some 20 million U.S. workers suffer workplace abuse daily. Yet, our legislatures have resisted passing laws that would prohibit mobbing, bullying, and general harassment in the workplace. Unless an employer has an all encompassing “no tolerance” policy for harassing or abusive behavior, there is very little protection against bullying bosses and co-workers. This barrier to seeking a remedy for behavior that is obviously abusive and unfair is frustrating to employees and attorneys alike.
The solution is often found in good, creative lawyering. An experienced attorney can try to put the employer on notice that these harassing behaviors are counterproductive and pose risks to employee and employer alike, such as increased absenteeism, lower productivity, morale problems, and even legal claims for workers' compensation benefits, unemployment benefits following a constructive discharge, and violation of civil rights.
The protections are much clearer when an employee is subject to harassment, disparate treatment, or adverse employment action based on characteristics that have been given specific protection by federal or California state civil rights law, (such as race, age, gender, disability, sexual orientation, religion, and so on). A hostile work environment characterized by outrageous conduct or communications that relate to a protected civil right is recognized formally as a hostile work environment under federal and California law. Additionally, employees engaged in a “protected activity,” such as reporting labor violations to the California Labor Board or protesting civil rights violations to the employer, are legally protected from retaliation by the employer.
The strategy for the lawyer in this situation is much clearer, and the options for the employee are more numerous when a manager or co-worker engages in a clear violation of law.
Experienced employment lawyers deal with these ambiguities daily and develop strategies for achieving the best outcome given the unique facts of each case and client situation. When faced with a mobbing, harassment or discrimination situation you should quickly seek the guidance of an employment law attorney that represents employees in such disputes; it’s my experience that these situations do get worse over time, so doing nothing is a losing strategy.