Legal Question in Discrimination Law in Virginia

hostile work environment- bullying and intimidation

Contractor working in MD for company based in VA. Project Manager used bullying and intimidation tactics. When complaints came in, it was investigated and she was fired by the VP. The President reinstated her on a ''special project'' and we were assured we would not have to work with her again. The VP resigned, and former Project Manager was reinstated. It's been 2 weeks, she has restructured and put plans in place to demote the 3 employees critical to having her removed. The offical announcement is Monday. Could get 10-20 employees to testify to specific encounters. Several employees experiencing stress related medical problems including migranes to anxiety. Do we have any legal recourse?


Asked on 7/14/02, 7:39 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: hostile work environment- bullying and intimidation

Under Virginia law, there's no legal recourse

for employees allegedly subjected to tactics

involving bullying and intimidation on the part of their employer.

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Answered on 7/15/02, 8:48 am
C. William Michaels Law Offices of C. William Michaels

Re: hostile work environment- bullying and intimidation

If this case involves some sort of discrimination,

by age, class, race, or gender, there could be a

possible Federal action under various federal statutes

prohibiting discrimination in employment. The "hostile

work environment" phrase relates to sex discrimination

actions. Such a "hostile work environment" needs to be

quite extreme before courts will take notice in terms of

civil legal remedy. What is of some interest is that the

supervisor involved is female. If all of the affected

employees are male, this could be a "reverse sex discrimination"

in the workplace sort of situation, which is rare but it

does occur.

I recommend seeing an attorney who does workplace

discrimination matters. A supervisor who is a bully and

is intimidating does not necessarily give you legal

recourse. Have you tried any internal company policies?

Also, if you did make a discrimination report and were

treated poorly because of that, such activity by the

employer is "retaliatory discrimination" which is also

a federal civil matter.

You need an attorney who does a lot of workplace law

to try to sort this out. State law may not give you much

to go on. Federal law might provide something. Another

remedy is the State Human Relations Commission, if one

exists. I would not give up on this just yet.

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Answered on 7/20/02, 3:25 pm


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