Employment Lawyers Can Answer Your Employment Law Questions
According to the EEOC definition of workplace harassment, this type of behavior “Becomes unlawful when:
Yes, all of that is true, but you're missing the one ingredient. An illegal basis for the harassment.See, harassment has no actual legal meaning without an illegal motivation for the harassment. So, the information that you are citing is just talking about what sort of behavior counts as harassment, but that type of behavior alone is not illegal.You also have to show that the harassment or hostile work environment is based on an illegal factor, meaning race, religion, gender, age, disability or FMLA use.If you can not connect the harassment to one of those factors, the EEOC can not and will not accept the complaint. They do not deal with generalized harassment. The Supreme Court has stated that our employment laws are not a civility code meant to deal with generalized harassment, only harassment based on the factors that I've mentioned.Some states have considered passing workplace dignity laws that would correct this sort of situation, but none have passed at this time.So regrettably, you would not have an EEOC complaint here. You would be able to file for unemployment even if you quit, claiming constructive discharge. You would also be able to attempt a "breach of implied contractual obligation" claim, based on the company anti-harassment policy, which likely does not limit its application to only the discriminatory factors that I mentioned earlier.
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