Employment Law

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I am a male, age 63. 4 months ago I was hired at a local…

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I am a white...

I am a white male, age 63. 4 months ago I was hired at a local community college as Manager of Benefits and Compensation. I report to a white female Executive Director of Human Resources. There are 9 employees in HR. I am the only male.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Yes....Pennsylvania. My boss, almost from day 1, has been verbally abusive to me; condescending, demeaning, intimidating, and bullying. she is not this way with me every day but only because I don't meet with her every day. it came to a head on November 23 when she advised that she wanted to meet with me. almost immediately, her anger came at me because I delivered a project to her on the date it was due but she told since it was so late is the day she said it was a missed deliverable. as we started the meeting she began with the comments about me and I stopped her mid sentence and told her to stop speaking to me in this manner and to quit belittling me. with that she turned her chair away from me and with her back to me, I got up and left her office.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I went to my doctor and am now out on disability for severe stress and anxiety disorder and major depressive episode. I am a salaried exempt employee, subject to at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been taking anti-depressant medications for about 6 years and managing quite well as a professional in my field. on my job application for this most recent job i checked the box that i did not have a disability. i also want to know if this type of behavior which began since the day i started with the institution rises to the level of hostile and/or harassment.

Submitted: 5 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/13/2017
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,402
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only

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Customer reply replied 5 months ago
i unerstand
Customer reply replied 5 months ago
sorry...i understand
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 5 months ago
i cannot talk right now as it is not conducive - can you please write
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Employment Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,339
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am a DIFFERENT CONTRIBUTOR as it seems you have asked for a new contributor.

Being a white male is tough, even one over 40, as you are not as protected as the other classes of individuals. In order for there to be a hostile work environment by law, the conduct has to be proven to be ONLY because of your age/race/sex/disability/national origin. The US Supreme Court in fact stated very clearly that the laws on hostile work environment/workplace harassment were enacted to protect employees solely from conduct based on their age/race/sex/disability/national origin and they were not intended by Congress to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

So in order for you to have a case against the employer, you have to prove with evidence she is doing this to you for one of the aforementioned reasons and no other reason, such as she has a communication deficiency or personality defect. In order to claim disability discrimination, you have to prove she knew ahead of time of your disability and since you did not notify your employer of that ahead of time, you would have a hard time on that claim. However, it could be based on age or even gender, if you can show you are the oldest in the department or as you said only male and you are the only one she treats in that manner, the case can be made her treatment is only because of that reason.

You would need to file a complaint with the EEOC and seek their investigation and a right to sue letter so you can take her to court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Category: Employment Law
Satisfied Customers: 124,339
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