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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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a co worker has reapidly refured to myself and another as the

Resolved Question:

a co worker has reapidly refured to myself and another as the brain squad.
also my forman has theatend my job twice for no reason,just to let me know he has the athourity
it has made work feel hostile. what action can be made
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. I am so sorry to hear about your difficult work environment and can certainly understand why you are frustrated by your boss's inaction.

Unfortunately, hostility in the work place is generally not actionable. There is no legal requirement that an employer or co-workers be nice, civil or courteous to other employees and no legal prohibition on name-calling or otherwise treating employees in a degrading or disrespectful manner. Such conduct is typically only actionable if it is occurring as a result of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. (See Govt. Code 12921.)

Furthermore, unless the conduct is quite severe, a single incident or isolated incidents of offensive conduct or remarks generally do not create an abusive environment. A “mere utterance of an ethnic or racial epithet which engenders offensive feelings in an employee would not affect the conditions of employment to a sufficiently significant degree to violate Title VII.” Rogers v. EEOC, 454 F.2d 234.

So, unless you are being ridiculed as a result of your race, religion, gender, or something else, it is with regret I must tell you that the conduct you describe, though extremely disrespectful, is typically not illegal.

I realize that this is not what you were hoping to hear, but nonetheless I hope that you appreciate an honest and direct answer to your question.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
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