Legal Question in Employment Law in Virginia

I have worked for a large insurance agency for the last 10+ years. About 2 1/2 years ago I was promoted to a commercial underwriter position. From the onset of my new job i had experienced animosity from one of the other agents in my section to include curt comments, rude gestures and an unprofessional attitude toward me. I brought this to the attention of my supervisor who assured me that he had addressed it. there was no anger or unpleasent behavior from my end at all (in fact i frequently told my supervisor I did not understand her distain for me). After that I had to bring it to his attention several other times until finally I did not feel as though I could remain sitting near her and requested that my supervisor move me to the other side of the section away from her. After i moved to the other side of the section she was given the responsibility of quality checking the work of the agents in the section (including my work). I did not want to cause undue burden on my supervisor so I did not immediately bring up my concerns with his decision and decided to trust that she would be professional in her new position. Whether it be the learning curve or her dislike for me there were several incorrect errors given (all of which i had overturned but did take time out of time i needed to be devoting to my job) after a large amount of incorrect errors I brought up my discomfort that he had her quality checking my work after knowing the problems that i endured with her. I advised my supervisor that I did not want to burden him with the responsibility of quality checking my work because i knew how full his plate was but that i was definitely uncomfortable given the circumstance and he continued to have her quality check my work. I have done my best to avoid any and all contact with her but she has still had whispering conversations right behind my desk , rolls her eyes when i speak at meetings and caused a divide in our section (with those close to her behaving unpleasent towards me as well) The offending employee, aside from singling me out, has had an intimidating impact on several other associates and has repeatedly offended myself and other employees with her anti-American comments (she is from Canada and frequently discusses her dislike for America). At this point I am fed up with having to feel intimidated by her and employees that have become friends with her. There is only one employee that is pleasent toward me and he (i found out just recently) was asked by one of my coworkers that is friendly toward her why he speaks to me.

In my close to 11 years experience in several different sections i have never had an individual create such an uncomfortable and intimidating workplace. In fact, in all the sections i had previously been in everyone was sad to see me move to another section (I am an upbeat pleasent person and generally the morale booster in my sections). at this point i am actively seeking other employment for many other reasons but i brought this to the attention of my supervisor manager and an HR representative and they basically stated that it doesnt matter because the majority of the offending occurences happened over a year ago and made me feel as though i were antagonist in this scenerio.

I am familliar with hostile work environment and that it generally applies to discrimination based on race, gender, etc. but based on all the information above do i have any case?


Asked on 4/07/11, 4:35 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, I do not believe that you have any actionable claim based upon the above described facts either under state or federal law. Anti-American

comments are not recognized in American law (as far as I am aware) as a basis

for a valid claim of discrimination within the context of a hostile work environment.

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Answered on 4/17/11, 9:31 am


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