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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111450
Experience:  20+ Years of Employment Law Experience
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how are you able to protect yourself from being fired when

Resolved Question:

how are you able to protect yourself from being fired when your boss is harrassing you and creating an hostile work enviornment ?
Submitted: 8 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 years ago.
The terms "harrassing" and "creating an hostile work environment" are legal terms with specific connotations based upon discrimination. If the harassment and hostile environment are based upon a discriminatory reason, such as your age/race/sex/disability, then you have a cause of action and must file a complaint with the state commission on human/civil rights and/or the EEOC to begin. Unfortunately, if there is no evidence that the behavior is discrimination based (age/race/sex/disability) then you really do not have much of a cause of action since the US Supreme Court has stated that harassment/ hostile enviornment laws were not meant to create a code of civility in the workplace (Oncale v. Sundowner Industries). Therefore, simple bad behavior by a supervisor is not generally actionable if it is not based upon one of the discriminatory causes, unless the behavior is so severe to a REASONABLE PERSON (not you, but a reasonable person in general) that it causes actual physical symptoms and then you may have a case for infliction of emotional distress.

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