Legal Question in Employment Law in California
I need some advice about what is considered a hostile work environment. My department recently got a new manager. She is playing favoritism with other employees. She allows a certain employee who is below me and is still consider a "temp" to take long extended lunch breaks. The manager and this employee are constantly together and talking and laughing amongst themselves. She does not treat the rest of us this way. If we come to the manager with an issue it seems like she punishes us instead of trying to solve the problem. I came to her with concerns about the amount of work I had. I've been working over time and coming in early before we open to the public just to try and keep my head above water. She did not believe I had that much work and made me do a "time ladder" I had to write down every single thing I did as well as other employees had to do the same except for the "temp" employee whom she is always talking to. I complied and did my time ladder as she asked. One of the issues was she wanted to change my hours to work a later shift. Threw my documentation it showed that I need to work the earlier shift so I am able to accomplish some work. I work in medical records and am doing two jobs at once. I have to work the front desk as well as do the medical records requests, which entails a lot of compiling of medical records which is almost impossible to do when we open to the public as I am constantly interrupted. The manager looked at my time ladder and said nothing to me. She just threw a paper on my desk and told me I'm changing your hours to the later shift. I am now beginning to feel as though she may be trying to force me to quit to get the "temp" a permanent job. This is causing me extreme amount of stress. My supervisor tried to talk to our manager with these issues and she demoted her. I as well as other employees feel as though we have no one to go to and we will be punishes if we do. The stress is starting to physically effect me. I don't know what to do, as I need my job at the moment. Is there anything I can do to protect myself?
2 Answers from Attorneys
To be against the law, workplace hostility must be based on a protected class. It is a substitute for direct or overt discrimination charges. So, for example, even if a woman is treated the same as a man on the job, given the same opportunities, paid the same, and not subjected to any direct sexual harasment, if the guys in the office are allowed to hang pictures of naked women in their workstations, the woman can still sue under discrimination laws due to the "hostile work environment." The same would go for a black person in an office where KKK literature was allowed to be posted. Having a rotten a--hole boss who plays favorites, is not a hostile work environment as that term is used in law, unless they are playing favorites based on race, gender, national origin, etc.
Hostile environment is only 'illegal' if it violates the Civil Rights type laws regarding protected categories of race, age, sex, ethnic background, etc. Nobody said life, or employment, is fair. There is no law against employers being unpleasant, abusive, foolish, unfair, poor managers, showing favoritism, etc. If there was, everyone would be suing everyone else. Your right is to seek other employment, just as the employer's right is to fire any 'at will' employee at any time.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
