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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111449
Experience:  20+ Years of Employment Law Experience
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My wife is being bullied at her place of employment. what

Customer Question

my wife is being bullied at her place of employment. what legal recourse does she have against her employer as they know this is happening and choose to do nothing?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is the "bullying" based only on her age/race/sex/disability/national origin? Or is it merely uncivil conduct?
What happened when it was reported to the union and command staff?
Customer: replied 5 months ago.
Uncivil conduct.
Customer: replied 5 months ago.
Union said there is no discipline being issued and said they couldn't help her and command staff said my wife and the bully "need to learn to get along"
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Unfortunately, this is a matter that can only be handled within her employment/command. The reason being is that the US Supreme Court has stated the laws on workplace harassment are enacted to protect employees from conduct towards them based only on the age/race/sex/disability/national origin of the employee and were not intended to create a code of civility in the workplace (See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998)). So, your spouse's only recourse for simply uncivil behavior is reporting it through her command and seeking internal action through the rules and regulations and it is the employer's discretion as to taking action. Other than that, the laws do not protect employees from ordinary uncivil conduct.

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