Is your supervisor is engaging in workplace harassment? Whether it is sexual harassment or discrimination, you do not have to put up with it. Watch this video by experienced Phoenix employment lawyer Quacy Smith to learn about your rights under the law.
Harassment that comes from a manager has a different analysis than it does when it comes from a coworker; whether it’s sexual harassment, religious harassment, or harassment based on race, or even someone teasing you about a disability you may have. The coworker harassment requires that the employer know or should have known that the harassment was taking place. If the employer knew or should have known that the harassment was taking place and they did not take immediate and appropriate corrective action to cure it, then it could result in a cause finding and that employer could be held liable for that harassment.
It’s different with a manager. When it comes down to supervisors and managers, there must be what the law refers to as tangible employment action. Again, this is where you would need the hands of a skilled lawyer who is experienced in this particular law. Tangible employment action requires there being some alteration, something shifted about your employment. They cut your pay. They cut your hours. They moved you to another place in the building. Something happened as a result of your claim of discrimination or harassment by a particular manager. If that tangible employment action is causally linked to the workplace harassment then there would generally be a cause finding at the EEOC or there would be a violation of the law.
Again, if you have a tangible employment action and that action is causally linked to that tangible employment action, then there would generally be cause finding under the law. If there is no connection, then the question would be, did the employer or human resources take a care to correct the workplace harassment to prevent that manager from harassing you again. If they did so, and the person that has been harassed followed the processes did everything that they were supposed to do, and all of the harm would have been avoided if they followed the processes, then generally there wouldn’t be a finding under the law. If the employer did not take the proper care, then generally there would be a finding under the law.
Again, that’s a little more detailed than most lawyers would know because it’s a very fine area of law this employment law. You need to sit and talk with a lawyer. There is a different standard for managers and supervisors. It’s different from coworkers and it’s even different from the owners or higher up officials in the organization. You would certainly need to speak with an experienced employment lawyer.
Are you dealing with workplace harassment from a manager, employer, or fellow co-worker? Contact our dedicated Phoenix employment lawyers for a free confidential consultation and let us help put it to a stop now.