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how are you able to protect yourself from being fired when

Customer Question
your boss is harrassing you...
how are you able to protect yourself from being fired when your boss is harrassing you and creating an hostile work enviornment ?
Submitted: 9 years ago.Category: Employment Law
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9/24/2008
Employment Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,189
Experience: 20+ Years of Employment Law Experience
Verified
The terms "harrassing" and "creating an hostile work environment" are legal terms with specific connotations based upon discrimination. If the harassment and hostile environment are based upon a discriminatory reason, such as your age/race/sex/disability, then you have a cause of action and must file a complaint with the state commission on human/civil rights and/or the EEOC to begin. Unfortunately, if there is no evidence that the behavior is discrimination based (age/race/sex/disability) then you really do not have much of a cause of action since the US Supreme Court has stated that harassment/ hostile enviornment laws were not meant to create a code of civility in the workplace (Oncale v. Sundowner Industries). Therefore, simple bad behavior by a supervisor is not generally actionable if it is not based upon one of the discriminatory causes, unless the behavior is so severe to a REASONABLE PERSON (not you, but a reasonable person in general) that it causes actual physical symptoms and then you may have a case for infliction of emotional distress.

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Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,189
Experience: 20+ Years of Employment Law Experience
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Law Educator, Esq., Attorney
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