Legal Question in Employment Law in Arizona
My question is concerning a hostile work environment. The company at which I am currently employed has within the last year gone through severe changes. After merging three companies into one my company received VC funding from a fairly aggressive firm that has placed at the helm of our business a person who promotes questionable tactics in order to take the company public in a two year time period. In the past year it has been verbalized to myself and the team that I work with that humiliation and shame are the methods that will be chosen to get the results they desire. There have been threats of firings, physical threats such as the term "we will be curb stomped" if we do not complete our work. I have heard about people getting yelled at and having physical objects thrown at them. My manager has openly talked about his sexual preference of S&M clubs and his liking of the physical and mental abuse of women during sex. I am also aware the people's salaries are being openly discussed by management and passed around the office. There have been numerous complaints to HR about the environment although I have not complained out of fear of physical harm and professional retaliation. I understand that conditions of this magnitude should simply require a job change but my twin sons were recently diagnosed autistic this year and simply picking up and changing jobs while in the middle of doctors appointments and therapy has not been the most plausible option. I am currently looking for a new job but feel it my duty to do something about the situation. It has been proven that the Venture Capitilist Firm is the true culprit and our HR seems reluctant or incapable of making any changes at all. I am inquiring about the possibilities of legal action outside of the realm of speaking with Human Resources as they seem to be merely puppets of the VC firm and the individual they have sent to ensure they get a return on their investment.
1 Answer from Attorneys
Thank you for the question. In order to have a claim for hostile workplace, the harassing behavior has to be related to race, gender, national origin, religion, disability, or age. In order to constitute a hostile workplace, the conduct at issue must be quite severe and must have gone on for a long period of time. As such, whether you would have against the company such a claim is something that is difficult to answer without a conversation with some back-and-forth.
I would advise you set up a consultation with an experienced employment attorney to explore your options. Thank you.