Is this considered harrassment or discrimination?
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Is this considered harrassment or discrimination?
My supervisor sends out an email every time I take my
Asked on July 8, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, an employee has no right to privacy regarding taking time off, except perhaps under certain circumstances for absences due to medical reasons. As for harrassment or a "hostile work enviornment", this only applies in cases of legally actionable discrimination. Accordingly, unless your treatment is the result of your being in a legally protected class (i.e. due to your race, religion, disability, age (over 40), national origin, etc.), you have no claim. The fact is that not all employees need be treated the same or even fairly (absent actionable discrimination). The only other exception here is if her actions violate the terms of any applicable union/collective bargaining agreement or employment contract.
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