Legal Question in Employment Law in California
Non-sexual workplace coercion
My employer requires sales staff to perform in numerous ''team building'' events each year (6 events total) that involve singing, dancing, dressing up in costumes, sports competition, etc. Most events occur during work hours, with some events after work or on weekends. Employees who decline to participate are singled out and publicly derided by Senior Manager (who considers the events ''his baby''). All events involve sales staff performing for senior management, (including the CEO, President, and Director of Sales) who rate performances and assign token prizes to the winners (Think American Idol). While one would not be fired outright for refusing to participate in events, the result would be the same. Such an individual would eventually be forced out of the company via management and peer ostracization. Non-sales employees (administration, personnel, accounting, marketing, etc) are not required to participate in the events, and are therefore afforded a level of professional respect being denied to the sales staff. Why should one group of employees be treated differently? I am a shy person and feel very threatened by the events. For me, this is a hostile work environment.
1 Answer from Attorneys
Re: Non-sexual workplace coercion
No, this is not a hostile work environment in the legal sense. A hostile work environment must be based on prohibited motivations, ie. sex, race, etc. What your company does is not unusual, in fact more companies are embracing these practices to build on the team concept. You may have to make some serious decisions regarding your future with this company.
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