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Hostile work environment, the boss is constantly calling us “dumb ass”

unemployed_personQ) I work in a fiberglass shop, it’s just me, the owner and one other person, I feel like it is a hostile work environment, the boss is constantly calling us “dumb ass” and throwing things at us and yelling at us for even asking a question, I’m the only female who works there and the boss is always making sexual comments. I wear hoodies in 90° weather because it makes me uncomfortable. If I quit, can I get unemployment? I know he will try to fight it because I’ve threatened to quit and he said he will fight it so I won’t get unemployment. I have people who worked there that will tell you themselves how bad it is, so under what conditions will I be able to quit and get unemployment?

A) According to the U.S. Equal Employment Opportunity Commission – Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
Unlawful harassment may occur without economic injury to, or discharge of, the victim.

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor’s harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.http://www.eeoc.gov/laws/types/harassment.cfm

Sexual Harassment
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.http://www.eeoc.gov/laws/types/sexual_harassment.cfm

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47 Responses to Click to Tell Us Your Experience At Your Local Unemployment Office

  1. Worked for company 19 1/2 years, had jury duty they released us saying they did not need us, took the form back to work gave to girls behind the counter like I have done the last 18 years, get called into office an was asked where my form was, I said I turned it in. She says not good enough so sent daughter to go to court get a different one? because they did not get it. A week goes by I get called in again and she asked did I go to jury I said yes but they did not need us and was released, she said why did you not come back to work I said because no one comes back to work if they have 1 day of jury service she said yes you do and out of the whole 3 floors in the building you would not find 1 person that would say yes you have to come back to work. Not even the corporate boss’s wife, which worked their she said nope no one comes back to work, well I get pulled in again and they fire me, can I collect unemployment she said I falsified a time card? what time card I never signed a time card the whole 19 years their? You get signed in when you log into your computer: I had no clue, where all this was coming from? Now they are calling me a thief on top of it? When she fired me I just took my badge off and said you want it that bad take it and left.. I was in shock that they would actually go so low to now call me a thief and for what, no retirement no medical really so out of the blue I am just starting lying and cheating at work really? I hope they all know what karma is! and the next day wow my G.F. calls me from work and says guess what’s on my desk I say what she says its a letter to all the people saying if you go to jury duty you have to come back if they let you go early? wow really! can I get unemployment since I paid into it for 19 half years?

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