Does an Employee Have Any Recourse Against Threats By a Manager?
Full Question:
Answer:
Generally, unless you have a union contract or employment contract, you are an employee-at-will, and disciplinary procedures are a matter for the employer to determine, as long as not applied in a way that is discriminatory on the basis of age, race, sex, disability, religion, or nationality. Generally, employee discipline will be governed by contract law principles of the disciplinary policies in an employment or union contract. As long as not discriminatory or in violation of contract terms, disclipline of employees is typically permissible. We suggest you read the terms of any union contract or employee manual or handbook carefully in regard to terms covering employee discipline.
Wrongful discharge claims are often made on the basis of discrimination against a protected classification (age, race, gender, nationality, handicap, or religion). If an employee isn’t protected by an employment or union contract, they are typically at-will employees who may be fired for any or no reason without notice.
Sexual harassment is a form of sexual discrimination forbidden by Title VII of the Civil Rights Act of 1964. Sexual harassment involves unwanted sexual advances, touching, requests for dates or sex, frequent comments, or other behavior that creates an atmosphere riddled with demeaning, insulting or pornographic references to sex or gender.
If a supervisor ties an employee’s job or job progression to sexual favors, company is liable for the harassment. For example, a supervisor may state or imply that one’s job is at stake if she does not meet his demands for sexual attention. If a supervisor ties an employee’s job or job progression to sexual favors, company is liable for the harassment. For example, a supervisor may state or imply that one’s job is at stake if she does not meet his demands for sexual attention. Co-worker harassment is different, since co-workers do not have direct control over each others employment. A co-worker creates a hostile work environment by asking for sexual favors, making unwanted sexual advances or treating an employee like a sexual object. In such case company is liable for the co-worker’s conduct only if it permits, encourages, or causes the atmosphere in which the sexual content becomes intolerable to a reasonable employee.
The harassed employee should make a complaint in writing against the harasser. If the harasser is a co worker complaint should be given to the supervisor. If the harasser is the supervisor complaint should be given to the personnel department, the harasser’s supervisor, or even members of a board of directors.
