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?
2 Answers from Attorneys
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.
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.