Legal Question in Business Law in Connecticut
Demotion Based on Hostile Work Enviroment Claim
My supervisor (female) send me an e-mail that I (male) perceived as inflamatory and attacking. I replied to it and told HR (female) and other managers that she has made it a hostile work enviroment and I would not work with her any more. After 7 business days the COO (female)said my only option was to take a lower paying position in another department (a take it or leave it position). This position cuts my former pay (with over time) in half and lowers my base pay by $10k. Do I have any recourse? Does it matter that it is a female dominated company with only one male in a semi-managment position to 6 females? Does it matter that I am now under enourmous stress due to the pay reduction?
1 Answer from Attorneys
Re: Demotion Based on Hostile Work Enviroment Claim
You should not misunderstand the term of art "hostile work environment." In general, your employer has the right make your work environment as hostile as she likes. What the Civil Rights Act refers to as a "hostile environment" is the deliberate creation of a sexually offensive workplace directed at an employee because of his gender.
Impermissible are negative job actions against you motivated by your gender. Nothing in your message connects your boss's "hostile" e-mail to the fact that you are male. If you can do that, you will not only have a case of sex discrimination, you will also have a cause of action for retaliation, which carries all sorts of goodies for Title VII plaintiffs. If there is no connection to your gender, but only to your job performance or other criticism, then all you have is an angry boss and, I hope, an updated resume.
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