Hi ALSBers,
Not every kind of boorish behavior in the workplace gets a legal remedy -
only particular ones identified by statutes (Title VII) and common law
(defamation, emotional distress).
The remedy for most boorish behavior comes from the marketplace. Good
employees (even those not harassed, but who object to harassment of
colleagues) vote with their feet and leave for other jobs with reasonable
bosses and co-workers. Firms develop reputations as sweatshops or
unfriendly to workers, and don't get the best quality applicants. The
market has ways of settling the score, eventually.
The best remedy for the employee is to find a better job in the labor
market -- and upon leaving, to be sure that the HR manager and owner know
the reasons for leaving, so that the boorish boss will have to take
responsibility with the employer.
This option may be difficult in the current economy, so for the time
being, the employee may conclude that a decent job with a jerk boss is
better than a lesser job with a good boss, or no job. Unfortunately, in
that case, neither the market or the law provides a remedy -- and sadly,
this is all too often the case. Here, too, the market makes the firm
answer for the boorish manager - it is unlikely that employees in such
cases will strive to give their best effort, will have more absenteeism,
medical issues etc. Productivity will fall. The firm with boorish
managers will pay, eventually, in court, or in the market.
Rick Kunkel
-----Original Message-----
From: DANIEL HERRON <[log in to unmask]>
Reply-To: "[log in to unmask]" <[log in to unmask]>
Date: Wed, 31 Oct 2012 12:08:08 -0400
To: "[log in to unmask]" <[log in to unmask]>
Subject: Re: Workplace harassment?
>of course....it is a wonderful talking point
>
>On Oct 31, 2012, at 12:01 PM, "Kurt Schulzke"
><[log in to unmask]> wrote:
>
>> To be clear, I did not say, "Yeah, go file a lawsuit." Only this: This
>>situation may well be actionable under Title VII.
>>
>> Admittedly, Title VII would be a tough sell on the basis of a single
>>F-bomb. But further inquiry might yield additional details helpful to a
>>Title VII action or something similar. Race, national origin, or age? Is
>>this employee a whistleblower? Why did this employer blow up in this
>>situation?
>>
>> Whether a lawsuit is "worth it" is separate from actionability.
>>
>> Kurt S. Schulzke, JD, CPA, CFE
>> Associate Professor of Accounting & Business Law
>> Director - Law, Ethics & Regulation
>> Corporate Governance Center
>> Kennesaw State University
>> + 1770-423-6379 (O)
>> + 1404-861-5729 (C)
>> http://coles.kennesaw.edu/centers/corporate-governance/
>> My research: http://ssrn.com/author=804023
>>
>>
>>
>>
>> ----- Original Message -----
>> From: "Lee Reed" <[log in to unmask]>
>> To: [log in to unmask]
>> Sent: Wednesday, October 31, 2012 11:30:51 AM
>> Subject: Re: Workplace harassment?
>>
>> How can these facts fit under Title Vll? Where is "race, sex, color,
>>religion, or national origin"? Maybe if the manager doesn't cuss at
>>female employees, but otherwise Title Vll doesn't apply to the husband.
>>How about intentional infliction of mental distress, but only then,of
>>course, if the facts shock the court as being way out of the ordinary
>>and the husband can come up with a heart attack or other significant
>>physical manifestations of the "ordeal."
>>
>>
>> On Wed, Oct 31, 2012 at 11:14 AM, Herron, Daniel J. Dr. <
>>[log in to unmask] > wrote:
>>
>>
>> But.....given the fact pattern, is it worth it?
>>
>> Dan
>>
>> On Oct 31, 2012, at 11:09 AM, "Kurt Schulzke" <
>>[log in to unmask] > wrote:
>>
>>> In my view (not legal advice), the conduct described could well be
>>>actionable as harassment under Title VII. See
>>>http://www.eeoc.gov/laws/practices/harassment.cfm .
>>>
>>> Kurt S. Schulzke, JD, CPA, CFE
>>> Associate Professor of Accounting & Business Law
>>> Director - Law, Ethics & Regulation
>>> Corporate Governance Center
>>> Kennesaw State University
>>> + 1770-423-6379 (O)
>>> + 1404-861-5729 (C)
>>> http://coles.kennesaw.edu/centers/corporate-governance/
>>> My research: http://ssrn.com/author=804023
>>>
>>>
>>>
>>>
>>> ----- Original Message -----
>>> From: "Daniel Warner" < [log in to unmask] >
>>> To: [log in to unmask]
>>> Sent: Wednesday, October 31, 2012 10:39:48 AM
>>> Subject: Workplace harassment?
>>>
>>>
>>>
>>>
>>> Hi Colleagues,
>>>
>>>
>>>
>>> I received the note below from a student. This situation doesnıt seem
>>>to be sexual harassment; it seems more that the boss here behaved like
>>>an obnoxious knucklehead. But boss being offensively impolite, even
>>>using the F word, doesnıt seem to me to be harassment. The bit about
>>>the HR person being close friends with the boss is a nice touch, but
>>>certainly typical in a small business.
>>>
>>>
>>>
>>> I donıt give any legal advice to students, certainly, but this
>>>deserves the courtesy of a reply. What recommendations would you make
>>>here?
>>>
>>>
>>>
>>> Thank you. Hereıs the note:
>>>
>>>
>>>
>>> Today, my husband had an experience where his boss yelled and cussed
>>>him out with the F word in front of four other employees, without due
>>>cause.
>>>
>>> This obviously upset him, but he simply turned around and continued
>>>his work. He felt unsafe and, even though his boss apologized about 15
>>>minutes later, he still feels anxiety about going back to work
>>>tomorrow. It's a small business and the HR
>>>
>>> manager happens to be very close friends with his boss. The situation
>>>is touchy and we were just wondering if this falls under harassment
>>>laws and what the best way to go about addressing the issue is. His
>>>options would be to talk to the HR
>>>
>>> manager or the owner of the company. Do you have any suggestions or
>>>advice?
>>>
>>>
>>>
>>> Thanks again,
>>>
>>>
>>>
>>> Dan
>>>
>>>
>>>
>>>
>>>
>>> Daniel M. Warner
>>>
>>> Professor, Department of Accounting
>>>
>>> (Business Legal Studies)
>>>
>>> MS 9071
>>>
>>> Western Washington University
>>>
>>> 516 High St.
>>>
>>> Bellingham, WA 98225
>>>
>>> (360) 650-3390
|
