What constitutes employment discrimination or harassment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes employment discrimination or harassment?
A girl I’m friends with works at a bar that my ex-wife manages. It appears that this girl is being discriminated against because of me. I’ve been amicably divorced for over a year after 20 years of marriage. this girl is young, 22, but has been an excellent and reliable employee for over 18 months,. However, ever since she’s been around me she’s had her schedule cut and lost preferred shifts that she had for over a year. Also, she has had certain meetings with my ex and my ex asks non-work related questions about what’s up with us. This girl says nothing. But now she’s afraid for her job.
Asked on October 10, 2010 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Workplace harassment or a hostile work enviornment has to do with an employer creating a hostile work enviornment that prevents an employee from doing theirr job duties reasonably. In such, a superior or co-worker, either by behavior or actions, creates an environment that is counterproductive to your performing your work duties. However, these behaviors typically must be "discriminatory" in nature and are not just a result of rude or unprofessional behavior. In a workplace context, discrimination is action taken against you because you are a member of a "protected class"; in other words race, religion, age, disability, sexual orientation, gender, national origin, etc. must not be a factor in your treatment.
Unfortunately, based on the facts that you have presented, your friend appears to have no legal recourse here. While your ex's behavior is unprofessional is does not rise to the level of a legally actionable claim. You should be aware that most employment relationships are what is known as "at will", which means that an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit. In turn, the employee can work for an employer, or not, their choice.
Note: Exceptions to the above would be if there is a stated company policy covering her situation, or there is a union/employment agreement to the contrary, or (as stated above) if the situation has arisen due to some type of discrimination.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.