EMPLOYMENT DISCRIMINATION: AN OVERVIEWEmployment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. Discriminatory practices include bias in hiring, promotion, job assignment, termination, and compensation and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. In addition, the United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer. FREQUENTLY ASKED QUESTIONS Verbal Harassment When do inappropriate and offensive comments cross the line and become verbal harassment? Although language may be offensive and inappropriate, it may not be illegal. To be considered illegal, such language must be objectively hostile or abusive, and must affect a term, condition, or privilege of employment within the meaning of one of the discrimination laws. "Other" Hostile Environments I am trying to find some information on hostile work environments which do not include sexual harassment. Is there such a thing as a non-sexual hostile environment? Federal laws such as Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) certainly recognize "other" forms of harassment based on race, national origin, religion, age, and disability. And courts have been recognizing that a hostile environment need not be sexual in order to exist. An employee must show that the harassment was "severe and pervasive" enough to "create an abusive working environment" to prove a case of age-based hostile environment. A hostile environment exists under the ADA "only when the employer's criticism is used as a subterfuge to discriminate against the employee" because he/she has a disability. We have several managers who feel it is appropriate to yell at and berate their employees. Even though there are no racial epithets, the comments are beyond rude. When does this type of abuse fall into the legal arena for recourse? The situation you describe certainly has the potential to blow up in your company's face if not resolved. Not only is the managers' abusive behavior "poor management," which could lead to lower employee morale and productivity; it could also cost the company big in court if an employee decides to file an "intentional infliction of emotional distress" claim against the company. Sexual Discrimination Can "dirty" pictures, vulgar language and jokes, etc., be considered harassment in the workplace if nobody actually files a complaint? An employer cannot be expected to provide employees with a completely antiseptic workplace, so a certain amount of vulgar language, etc., is allowable. However, employers are generally held liable for harassment which they knew or should have know about, but failed to remedy. So it's better to be safe than sorry. Even if no employees have actually filed formal complaints about it, you must keep your eyes and ears open for those who may feel too intimidated to complain, for example, especially when top executives are involved. You should have a formal harassment policy in place which includes an employee grievance procedure Disability Does a company have to offer an employee a light-duty position as reasonable accommodation under the ADA? First, whether or not an employee must be offered any type of reasonable accommodation depends on if he/she can be considered "disabled" under the ADA or applicable state law. To be considered "disabled" within the meaning of the Act, an individual must: 1) be able to perform the essential functions of his/her job, with or without reasonable accommodation; and 2) be limited in a major life activity, such as breathing, walking, or working. Light duty can, indeed, be considered a reasonable accommodation under the ADA, as long as it doesn't cause the company undue hardship. If the company has set a precedent by accommodating other employees with light-duty positions, it should do the same for all employees. Hostile Boss Does an employer have the right to treat you any way they please, so long as it doesn't violate a law? My boss is extremely hostile and rude to me, as well as to some of my co- workers. On one hand, the answer is yes. Employees who are at-will can be fired (or quit) at any time, for any reason, as long as the termination does not violate state or federal law, public policy, or a contract. Also, courts have ruled that anti-discrimination laws, such as Title VII, were not created to ensure a Utopian workplace for employees. So, for example, a company generally would not be held liable for a manager who treats all of his/her employees with hostility. However, it could be liable if the manager is only hostile towards women, or older employees, or the like.
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