Full question:
I feel I have been harassed in the work place from the terminal Manager. I have been laid off and given letter of return numerous times the last three months, the latest, laid off April 3, 2010, called back on April 6th 2010. I feel this treatment is harassment?
- Category: Criminal
- Subcategory: Harassment
- Date:
- State: Wisconsin
Answer:
A hostile work environment can arise from discriminatory behavior based on race, ethnicity, or national origin. For harassment or discrimination to be actionable, it must be severe and pervasive, not just an isolated comment, even if it is offensive. Additionally, it must be proven that management was aware of the harassment and did not take appropriate action.
Whether a claim is valid depends on the specific circumstances and whether a formal complaint was filed. Employers can be held liable if they had notice of the harassment and failed to act. Victims of workplace discrimination or sexual harassment may recover lost wages, future lost wages, emotional distress, punitive damages, and attorney's fees.
Discrimination based on race, color, national origin, religion, sex, age, disability, or veteran status is prohibited by various federal laws, including Titles VI and VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990, among others.
Simply feeling unfairly treated does not automatically lead to a legal claim. There must be evidence that the treatment was discriminatory or violated an employment contract. If a layoff does not violate a union agreement or employment contract and is not based on discriminatory reasons, it is generally at the employer's discretion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.