The Law Offices of
Peter M.
Schaeffer
The Employment Lawyer Letters
"My boss is harassing me all the time I think they are trying
to make me quit" or "My boss is always picking on me for every
little thing?"
HARASSMENT
Public policy prohibits harassment of employees who are members of
certain protected classes.
PROTECTED CLASSES INCLUDE: for example, those who are of a particular
race, sex, religion, or national origin.
SEXUAL HARASSMENT
has its own unique characteristics and standards for determining when
it is actionable. The two forms of sexual Harassment are "Quid Pro
Quo" which literally translates from Latin to "this for
that", and "hostile work environment". The greatest
confusion arises from this term of art, Hostile work environment.
Employees hear this term and immediately conclude YES, this is what I
have been putting up with all these months and years. Constant criticism
about my job performance and time on the telephone etc... Hold the phone
Dorothy, this is not hostile work environment. The Hostile work
environment must have its foundation in the worker being a member of the
protected class and therefore the hostile work environment is caused
because of him being a member of this class of protected employee.
The standards followed by the courts as to what does and does not
constitute actionable harassment is in a constant state of evolution.
The subject of sexual harassment is so broad that it will be a
subject by itself for a later edition of The Employment Lawyer
Letters. |