Employment Law Questions? Ask an Employment Lawyer.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).