Yes, to Dan and to Rosemary--and, as there has apparently been an apology,
I'm wondering what it is, exactly, that the student wants to happen here.
I can well understand not liking being cursed out in front of one's fellow
employees (or even in private, for that matter), but filing a lawsuit
seems (at least on the limited facts given) like an overreaction. Is
there something more going on here--some history we aren't aware of?
Best,
Rich
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Rosemary Hartigan
Sent: Wednesday, October 31, 2012 11:19 AM
To: [log in to unmask]
Subject: Re: Workplace harassment?
I don't see anything that relates to the "victim" being in a protected
category or that rises to the level of harassment. One incident is
usually not sufficient. Using the "f bomb" also not sufficient.
Bad behavior for sure; harassment in the common sense of the term perhaps,
but I don't think actionable.
Rosemary Hartigan, J.D., M.A.
Professor and Associate Chair
Director One-Year MBA
Business and Executive Programs
The Graduate School
University of Maryland University College
1616 McCormick Drive
Largo, MD 20774
Phone: 240-684-2484; 800-888-UMUC ext. 22484
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk
[mailto:[log in to unmask]] On Behalf Of Herron, Daniel J. Dr.
Sent: Wednesday, October 31, 2012 11:14 AM
To: [log in to unmask]
Subject: Re: Workplace harassment?
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 doesn't 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, doesn't 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 don't give any legal advice to students, certainly, but this
> deserves the courtesy of a reply. What recommendations would you make
here?
>
>
>
> Thank you. Here's 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
|
