Please Advise

[cmw4c]

On February 14, 2010 my supervisor told me that "my voice was offensive" and had me perform breathing exercises resiting "how now brown cow" in front of guest performers at our buisness. I reported it that night to my direct supervisor who then advised me to attend a meeting with the VP of the company, the harasser's direct supervisor to inform her of what happened. I did the next day.

Since that meeting, I have not seen any action taken against my harrasser and have been denied the opportunity to apply for an open position at our company. I feel I am being retaliated against. I have not filed an offical report with HR thinking that my meeting with the VP sufficed. I am worried that since it is now May, I am unable to do so and will continue to be rejected for other positions that arise.

What should I do? Is this, in fact, harrassment?

Thank you in advance

 

[cbg]

No, this is not harassment as you have described it. It was poor management but it was not illegal harassment unless there is something very major you have left out.

They are under no legal obligation to make obvious what, if any, action they take against the manager or to tell you what action they took. If you were being disciplined would you want everyone to know about it?

For that matter, they are not obligated to allow you to apply for open positions, either, and rejecting one is hardly evidence of any kind of retaliation - or even that the two events are connected.

 

[jharris352]

I would disagree about it being harassment. I would agree that you have no right to apply for an open position, or that they have no obligation to let you know that anything has been done to address your concerns (I would say that they probably should as a management point but they don't seem to be strong on that anyway).

The real question is: Has the offensive behavior stopped? His putting you on the spot in front of other people could certainly be considered "Intentional Infliction of Emotional Distress." This creates a hostile work environment and at very least puts the company in an awkward and indefensible position if they are ever called upon to defend it. My guess is that your immediate problem has been handled. I'm fairly sure the VP had a chat with you boss and stopped the harassment.

As for retaliation, you are going to have to have a much clearer case of tit for tat if you expect to have anything actionable. Good luck.

 

[cbg]

"Harassment" is only illegal if related to a characteristic protected under the law. Nothing in the post suggests that this is the case. Nor does an HWE exist unless either sexual harassment is occurring or Title VII is being violated.

 

[jharris352]

Intentional Infliction of Emotional Distress is a tort. While you are correct that it is not classical "harassment" as defined by labor law, it is still actionable. It would be actionable if there was no employment relationship at all.

I will admit that I mixed the hostile work environment with that tort. As an attorney, I may not be able to win a trial with that fact pattern, but I could definitely make the company settle the claim.

 

[mlane58]

Intentional Infliction of Emotional Distress is a tort. While you are correct that it is not classical "harassment" as defined by labor law, it is still actionable. It would be actionable if there was no employment relationship at all.

I will admit that I mixed the hostile work environment with that tort. As an attorney, I may not be able to win a trial with that fact pattern, but I could definitely make the company settle the claim.

Please! the OP's situation doesn't even come close to intentional infliction of emotional distress. The OP's situation would have to be so outrageous and extreme that the conduct would be regarded as atrocious and egregious that a reasonable and prudent human being would be unable to tolerate such conduct.