Employment Law

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I want to see if my workplace is handling my complaint

I want to see...

I want to see if my workplace is handling my complaint correctly or if I may need a lawyer

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

This was discussed with my supervisor and our HR department several times

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

Yes. My complaint is possible hostile work environment. I am a supervisor and one of my direct reports has been bullying me. I have asked my HR team and my supervisor to help me stop that bullying

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Answered in 2 minutes by:
6/7/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,953
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us about this?

Is the direct report doing this to you based only on your age/race/sex/disability/national origin?

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Customer reply replied 2 months ago
She and I are both female. I do not believe this is related to any type of protected class.
Customer reply replied 2 months ago
No, I don't believe so

Thank you for your reply

The US Supreme Court has clearly stated the laws on workplace harassment/hostile work environment were intended to protect employees from conduct towards them based only on the age/race sex/disability national origin of the employee and the laws were never intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

So if this is just ordinary bullying in the workplace, there are no laws preventing that and it becomes something that is solely up to the employer to deal with internally through their own rules and policies. It is not something legally actionable though I am afraid.

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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Customer reply replied 2 months ago
What can I do if the bullying doesn't stop and our HR team doesn't address it? Then is there a legal action I can take?

Thank you for your reply.

Unfortunately, no, this is solely at the discretion of the employer as to how they handle the matter. The workplace laws do not provide for suing for ordinary uncivil workplace (regular bullying) I am afraid.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,953
Experience: 20+ Years of Employment Law Experience
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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