Legal Question in Employment Law in Ohio

hostile work environment

How is a hostile work environment saught as a cause for a complaint against an employer like USPS. Can it be used in age discrimination cases or as a general singling out of an employee?


Asked on 1/09/07, 3:03 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: hostile work environment

Hostile work environment claims can be stated with or in lieu of other discrimination claims. There is not sufficient space to educate you on hostile work environment (HWC) claims , but here is the long and short of it. A HWC typically involves unwelcome verbal or physical conduct based on race, color, religion, sex (i.e., sexually-oriented conduct), gender, national origin, disability or age. It is most frequently stated with claims involving gender discrimination or sexual harassment (e.g., in lieu of quid pro quo sexual harassment). They are not easy claims to make out. In a nutshell, it must be demonstrated that (1) the conduct is so severe or pervasive such that a reasonable person would find the conduct hostile (i.e., involving more than mere isolated incidents, insults or hurt feelings); (2) the conduct results in tangible changes in the employee�s employment status or benefits (i.e., adverse employment action) or that it alters the conditions of employment; and (3) the harassment was committed by a supervisor, or the employer knew or should have known of the harassment and failed to take appropriate corrective action.

If by USPS you mean the U.S. Postal Service, I believe (but am not certain) that you would first need to contact the USPS� EEO office. The USPS has its own, unique procedures for adjudicating such claims and you may be required to first assert your claims with the EEO office and follow its procedures before filing suit. Their procedures are very detailed and impose strict time constraints. If you make a wrong move, your claims may be barred. Therefore, it is strongly advised that you retain an attorney, preferably one who has experience handling claims filed with the USPS EEO (I am not one of them). Good luck.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 1/09/07, 6:07 pm


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