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Topic:
Proffesional opinion? [Locked] |
__Bonk__  Posts: 5,122
Registered: 2009-7-25 03:04:52
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
Confronting her in a way that doesnt get you into trouble might work too.
I personally dont deal good with bullies. I allow myself to be bullied for a while and then I snap and lash out verbally. In the past it was a physical lash out I did too
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I keep my eyes fixed on the sun!
A change in feeling is a change in destiny.
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Yukishiro1  Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
Seething199 posted:
she doesn't have the right to create a hostile work environment that makes everyone else uncomfortable doing their jobs.
It's not really about rights. It's about whether the company cares enough to do something.
I would suggest that if you do decide to escalate the matter you should do it as a group. Get a bunch of other people to sign on to the statement with you. You don't want things to devolve into a you vs her kinda situation. If you can get even 2-3 other people to sign on to your complaint it will make it seem very different.
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ZigmundZag Title: Grammar Nazi
Posts: 1,211
Registered: 2002-3-25 23:03:00
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
Yukishiro1 posted:
Seething199 posted:
she doesn't have the right to create a hostile work environment that makes everyone else uncomfortable doing their jobs.
It's not really about rights. It's about whether the company cares enough to do something.
I would suggest that if you do decide to escalate the matter you should do it as a group. Get a bunch of other people to sign on to the statement with you. You don't want things to devolve into a you vs her kinda situation. If you can get even 2-3 other people to sign on to your complaint it will make it seem very different.
This is probably the best advice in the thread so far. A heavy-handed HR investigation will make everyone clam up for fear of reprisal or making someone else lose their job.
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__Bonk__ Posts: 5,122
Registered: 2009-7-25 03:04:52
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
Yuki is wise
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I keep my eyes fixed on the sun!
A change in feeling is a change in destiny.
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Jorrdan  Posts: 293
Registered: 2001-10-19 07:31:24
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
I am a manager and have dealt with this type of situation before. Here are the facts:
1. What are you describing is a hostile work environment. Has zero to do with gender, managers deal with it in the same manner if one presents itself or if another employee complains about it such as you have. That is, you tell the offending person to stop the behavior. Cursing, yelling, screaming, directed at another person it not acceptable behavior regardless of gender. It is a manager's job to stop this behavior regardless of whether or not you have filed a complaint. Quite frankly, the manager of this person should have already stopped it.
2. If your manager refuses to deal with this person (or if this person reports to a manager other than your own and your manager refuses to speak to THAT manager)..you may tell your manager that you will now go to HR to deal with this issue though you are not required to and may go on your own. As mentioned, it is against the law for your company to retaliate for that type of complaint.
3. Do NOT begin acting this way yourself or "give it right back to her" or you are now contributing to a hostile work environment yourself. In short, you are now breaking the law yourself.
Edit: Regarding the statement, "It's not about rights, it's about if they care to do something", if she goes to HR, they have no choice but to do something unless they decide to violate the law. Most HR departments will not violate the law.
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Eh.
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Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
Jorrdan posted:
I am a manager and have dealt with this type of situation before. Here are the facts:
1. What are you describing is a hostile work environment. Has zero to do with gender, managers deal with it in the same manner if one presents itself or if another employee complains about it such as you have. That is, you tell the offending person to stop the behavior. Cursing, yelling, screaming, directed at another person it not acceptable behavior regardless of gender. It is a manager's job to stop this behavior regardless of whether or not you have filed a complaint. Quite frankly, the manager of this person should have already stopped it.
2. If your manager refuses to deal with this person (or if this person reports to a manager other than your own and your manager refuses to speak to THAT manager)..you may tell your manager that you will now go to HR to deal with this issue though you are not required to and may go on your own. As mentioned, it is against the law for your company to retaliate for that type of complaint.
3. Do NOT begin acting this way yourself or "give it right back to her" or you are now contributing to a hostile work environment yourself. In short, you are now breaking the law yourself.
Edit: Regarding the statement, "It's not about rights, it's about if they care to do something", if she goes to HR, they have no choice but to do something unless they decide to violate the law.
This is unfortunately another confused manager. This is not how the law actually works. A hostile work environment is only against the law when it is related to some protected class.
Again, there is the potential seperate issue of intentional infliction of emotional distress. But that is really a different issue. The remedies are different and the conduct has to be really, really awful.
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Jorrdan Posts: 293
Registered: 2001-10-19 07:31:24
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
Yukishiro1 posted:
Jorrdan posted:
I am a manager and have dealt with this type of situation before. Here are the facts:
1. What are you describing is a hostile work environment. Has zero to do with gender, managers deal with it in the same manner if one presents itself or if another employee complains about it such as you have. That is, you tell the offending person to stop the behavior. Cursing, yelling, screaming, directed at another person it not acceptable behavior regardless of gender. It is a manager's job to stop this behavior regardless of whether or not you have filed a complaint. Quite frankly, the manager of this person should have already stopped it.
2. If your manager refuses to deal with this person (or if this person reports to a manager other than your own and your manager refuses to speak to THAT manager)..you may tell your manager that you will now go to HR to deal with this issue though you are not required to and may go on your own. As mentioned, it is against the law for your company to retaliate for that type of complaint.
3. Do NOT begin acting this way yourself or "give it right back to her" or you are now contributing to a hostile work environment yourself. In short, you are now breaking the law yourself.
Edit: Regarding the statement, "It's not about rights, it's about if they care to do something", if she goes to HR, they have no choice but to do something unless they decide to violate the law.
This is unfortunately another confused manager. This is not how the law actually works.
Sorry but she is in no way required to "get a group together" to file a complaint as you suggest. That is a fact.
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Eh.
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Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:00am
Subject:
Proffesional opinion? |
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I didn't say she was. I said it would be a good idea from a strategic point of view, not a legal one.
The law has nothing to do with the situation either way. What she's describing doesn't violate any laws.
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DemonicXH  Title: Camelot Vault Staff
News Editor
Posts: 584
Registered: 2003-12-1 08:14:17
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Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
According to UCLA, if she is creating a hostile work environment then it is considered harassment and therefore she is breaking the law.
http://www2.law.ucla.edu/volokh/harass/breadth.htm#IA |
Yukishiro1 Posts: 3,243
Registered: 2002-9-20 23:52:57
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Date Posted:
1/1/00 12:01am
Subject:
Proffesional opinion? |
Your own link posted:
The first place to look in determining the scope of harassment law, of course, is the legal definition of "harassment." Speech can be punished as workplace harassment if it's
(1) "severe or pervasive" enough to
(2) create a "hostile or abusive work environment"
(3) based on race, religion, sex, national origin, 1 age, disability (including obesity), 2 military membership or veteran status, 3 or, in some jurisdictions, sexual orientation, marital status, 4 transsexualism or cross-dressing, 5 political affiliation, 6 criminal record, 7 prior psychiatric treatment, 8 occupation, 9 citizenship status, 10 personal appearance, 11 "matriculation," 12 tobacco use outside work, 13 Appalachian origin, 14 receipt of public assistance, 15 or dishonorable discharge from the military 16
(4)for the plaintiff and for a reasonable person.
Each of those four elements are required, not any of them. The bit I bolded is where it lists some protected characteristics. It looks like they pulled them from the statues of a bunch of different states, but as you can see, none of them make it illegal to create a hostile work environment just by being an asshole.
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