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Patrick, Esq.
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What are the laws governing equal opportunity employment

Customer Question

What are the laws governing equal opportunity employment regarding posting jobs and filling positions without posting jobs? also company is a large non profit#2 what constitutes hostile work enviroment regarding emails with sexual or gender offensive insinuations ?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The law prohibits employers from denying equal employment opportunities to people on the basis of legally protected traits, such as race, religion, disability or gender. In other words, if it could be shown that a particular employee was denied employment BECAUSE of their race, or BECAUSE of their gender, that would be a violation of the law. It is the employer's motivation that matters.

An employer is not required to treat everyone equally or to give everyone equal opportunities to apply for a position. An employer is ONLY prohibited from basing such things on legally protected trait. So, unless you can show that a job was filled without posted in order to deny you an opportunity BECAUSE of your race, religion, gender, disability etc., the fact that the position was posted would no inherently be illegal.

As for what constitutes a hostile work environment, it is not illegal to be generally rube, mean or disrespectful. It is only illegal if the hostility relates to a legally protected trait and is so severe or pervasive as to materially alter the terms of the employment. That is the legal definition of actionable harassment. Courts have stated that a "stray comment," unless particularly egregious, generally will not be enough to give rise to a hostile work environment claim. The hostility must be severe or pervasive. In those cases, the employee suffering the hostile work environment can sue for emotional distress.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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