Case Elements of a Hostile Work Environment
It is evident that any employee of the company wants their workplace to be distinguished not only by its benefits and privileges but also by a friendly corporate culture in which it is pleasant to develop professionally. On the contrary, if verbal humiliation, insulting jokes, and disrespect are regularly directed towards the staff, then even with the guarantee of keeping the position, the enthusiasm to work for the benefit of the company is lost. In 1964, a federal law was adopted regulating discrimination in employment based on color, religion, gender, and national origin. According to the Act, an employer may not disrespect or humiliate an employee’s personality regardless of the conditions of work (“Title VII,” n.d.). In the case study, John is humiliated and groundlessly insulted by his supervisor, apparently because of his supervisor’s racist tendencies. The man must file a complaint with a commission for labor discrimination cases, which must be supported by evidence. According to Perry & Heller (2017), a complaint about a hostile work environment requires that the complainant falls into a legally protected category: race, religion, sexual orientation, pregnancy, age, and physical health. In addition, the man must be able to demonstrate humiliation. Finally, the complaint must be justified by a change in a work environment that has become destructive to the employee.
Can John Make a Complaint
Based on the above, it is not difficult to understand that John has every reason to count on filing a complaint. The manager regularly calls the employee an idiot, although no such insults have been noticed against non-Hispanic employees. In that case, discriminatory practices by national origin and skin color should be mentioned. It was essential to clarify that the EEOC supported people who suffered from racism and discrimination in the workplace. Indeed, management’s disrespectful approach has a negative impact on an employee’s professional status, so John is concerned. John should have a prima facie case, as a complaint is not enough, just an oral statement or blind faith. For this reason, the next time he communicates with the supervisor, the man may begin taping to confirm that he is insulted or insulted by other Hispanic-origin employees through derogatory language.
Ability to Protect the Employer
Based on legislative practice concerning labor conflicts, there is no basis for a complaint to be appealed to a superior. On the contrary, all the elements confirm that the boss acting on behalf of the employer commits a professional crime, so that sanctions will be imposed on them. It is worth noting that the manager’s personal rights are not affected, as only the labor relations between the leader and the subordinate are considered. An additional factor contributing to the lawsuit’s development will be deemed to be the HR Management Division’s protocol drawn up when John approached them for assistance.
Progress of the Complaint Process
The first step is for John — if the man is discriminated against, he should contact an EEO counselor at his workplace. As a general rule, the time required to approve a complaint should not exceed 45 days from the date of humiliation (“Overview of federal sector,” 2016). It is possible to file a complaint in person or by mail, including online. From the time of filing, if the complaint is approved, EEOC has 180 days to investigate. This is followed by a hearing with the administrative judge, who will issue a final verdict on the case of discrimination. Only after the application has been processed, formed, and approved does John have the right to go to the Supreme Court.
References
“Overview of federal sector EEO complaint process.” (2016). U.S. Equal Employment Opportunity Commission. Web.
Perry, S. & Heller. (2017). “3 things that may indicate a hostile work environment.”
Schwartz Perry & Heller. Web.
“Title VII of the Civil Rights Act of 1964.” (n.d.). U.S. Equal Employment Opportunity Commission. Web.