Podcast #10: Bully Boss Creates Hostile Work Environment by Forbidding Bathroom Breaks!

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Main Segment
In the Main Segment of Episode #10 we tackle the issue of “Bully Bosses Who Forbid Bathroom Breaks.”  This craziness happens much more frequently than you may think.  Can you guess who the primary victims are?

#1 Spanish radio station in Miami

The radio show I mention during the show is 98.3.  My thanks to Frank, the Undercover Lawyer community member from Miami who got the book and called in to 98.3 to talk about it.  Thanks Frank!

I’m Being Harassed at Work! What Can I Do?

By Jenn S.

Illegal harassment in the workplace is no joke.

Workplace harassment involves unwelcome and offensive conduct that is based on race, color, national origin, sex (including pregnancy), religion, disability, or age (age 40 or older). Many states also have other protected classes so it is important to be familiar with your own state’s discrimination laws.

Some examples of harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person’s religion or religious garments, or offensive cartoons or pictures, to name a few.

Keep in mind, however, that not all workplace harassment is illegal. Discrimination laws generally do not prohibit simple teasing, offhand comments, or isolated incidents that are not particularly serious. For workplace harassment to be illegal, the conduct must either be severe (meaning very serious) or pervasive (meaning it occurred with frequency).

One instance of harassing conduct is generally not sufficient to meet the definition of illegal harassment, unless the conduct is very serious, such as a physical assault. If you believe you are being illegally harassed at work, there are several steps you should take right away to protect yourself:

1. Tell the Harasser to STOP:

Be direct – say what you feel. If you are not comfortable with the comments or conduct being directed toward you, be sure to let the actor know – right away. Make it clear that their comments or conduct are unacceptable and that you expect it stop immediately. One caveat: You are not required to confront the harasser. However, it is a great first step if you feel comfortable doing it. Your direct admonishment to the harasser may stop him or her in their tracks without having to resort to more serious measures.

2. Write it Down:

If you are being treated in a way that you don’t think is appropriate by any person at work, write it down. Dates, times, quotes – it is ALL important. The better the documentation, the better your case. Any notes are better than none – steno notebook, computer file, or cocktail napkin – it all works. Most important item – DATE. Don’t leave it out.

3. Tell a Member of Management:

If things don’t change after you’ve told the harasser that you’re not comfortable (OR if you simply do not want to confront your coworker), tell you boss or go straight to HR.

Take a look at your employee handbook and determine how it is that you bring a complaint of harassment. Follow any procedures that are outlined and if your company does not have any sort of procedure outlined, just talk with your supervisor.

Any inaction on their part will only add fuel to your fire, should you actually be forced to bring a sexual harassment complaint through a state agency.

Another caveat: If it happens to be your supervisor that is doing the harassing, go above their head to the next person in control, or any other supervisor-level person that you feel comfortable with, including HR.

Don’t just share with coworkers – You must go to HR or some supervisor to report the problem because an employer will not be held legally responsible for conduct that they did not know about. The only way an employer can know is if you tell them – and that is generally only through HR or management.

4. Demand Action:

Don’t let your employer sit on their laurels when it comes to your complaint – demand action and a result. Be sure to ask your employer for written evidence of their investigation into your complaint, as well as a written explanation of their results and findings.

It is your right to know what your employer is doing to address your concerns and if the employer’s action is ineffective in stopping the harassment, you probably have a case to take to a lawyer or your state agency that enforces discrimination laws.

5. Don’t Wait:

Do not wait to report the problem. As soon as you feel that you are being harassed, make your move, being it confronting the harasser or making a report to management.

Waiting could subject you to further acts of harassment that may worsen in severity or frequency – who wants that? Waiting may also result in keeping certain instances of harassment or discrimination from being considered should you wait too long to file a formal complaint through a state agency or attorney.

So don’t sit around thinking about it – if you feel you are being illegally harassed, stand up and fight NOW.

Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It”

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Have you heard a supervisor admit they don’t know about something with one breath, but then proceed to tell you what you should do about that thing in their next breath?  Listen to one of my readers, Vicki, tell her story dealing with that exact scenario.

Once Vicki used FMLA, others at her work wanted to use FMLA leave too.  This angered her supervisors, who launched a campaign to “get” her.

Listen to Podcast Episode #5 now to hear how Vicki has fared against her company’s attack (and don’t expect a nicey nice happy ending).

You can listen to Podcast #5 through the player here on UndercoverLawyer.com.

Or, if you have iTunes you can click on the link below to listen there and subscribe to the podcast for free:

http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?id=284065741

The Quick Tip for this episode is an update on the subject of Male to Male sexual harassment. New cases are being filed against restaurants you’ve heard of.

Finally, the Hostile Workplace Podcast now has a listener comment line: (360) 450-5750.

After listening to the show call in and let us know what you think of Vicki’s story, or call in and share your own workplace story. You may find yourself on the front page of the iTunes “Careers” section!

“I Went On Med Leave and Now This…?!” Employee Unfriendly H.R.

Of the many questions I receive and respond to each week, I thought this one was particularly interesting because it shows how short-sighted and employee-unfriendly H.R. departments can be.

A gentleman used medical leave for the first time in his twelve year career. He had to work with his doctor to adjust some medications; then he was set to return to work and continue in his twelfth year with the company without a single bad appraisal.

“CAN I SCREAM DISCRIMINATION…”

Suddenly and without warning he receives a letter from the Human Resources Department that states:

“….if you will need accommodation(s) when you return, please contact the Office of Workplace Diversity before your return. They will assist you with that process……”

The letter doesn’t sound mean, but what does it assume about the employee?  More importantly, how did it make the employee feel?  Here’s what he said:

“What in the world? I am out on FMLA so that my meds can be adjusted. This is the first time in 12.5 years I have taken sick leave because of [a serious condition].

“Suddenly, I am an ADA case too? If 12 years doing the job does not demonstrate that I can perform the essential functions, with or without accommodations, I don’t know what does.

“Can I scream discrimination because they have decided that I need more ‘help?’”

I don’t think H.R. people even think about how letters like this are going to be received by employees.  Maybe the H.R. people don’t even care.

HR DEPARTMENTS ARE DESPERATE

What H.R. people DO care about, however, is showing the company executives that “HR will defend the company at all costs and improve the bottom line.”   HR people are desperate to prove that their department help the company’s bottom line.  In tough times, which departments are the first to get cut?  The ones that don’t help the bottom line.

So, this person’s HR professional probably sends out a letter like the above to every single person on FMLA leave.  I doubt the letter had anything to do with this gentleman specifically; I’d bet money it’s a policy to always send such a letter.

Here’s why: Employers have gotten the smack-down by judges when an employee returns from medical leave and is having a hard time doing their job. It’s obvious to the employer that the person who was just out on leave is hurting, but the employer doesn’t say anything about it, or offer any help, or offer any accommodations at all.

Instead, the employer writes up the employee for “performance issues,” then fires the employee. When the employee sues, the employer says “Hey, we’re not discriminating against the disabled! We didn’t know he/she was disabled! And besides, the employee NEVER said the magic words “I need an accommodation for my disability.”

THE EMPLOYEE GETS $1 MILLION

This is where the court did the smackdown on the employer. The Court says, “B.S.! You DID know. You just approved his medical leave under the FMLA. Your disingenuous crap may fly in the corporate world, but you’re not hiding behind any “magic words” excuse in my courtroom you sonofabitch.”

Then the employer loses a million dollars.

After that, all the other employers in the nation wet their pants saying “We don’t want to lose a million dollars!” So in response “proactive” HR people start sending out letters to people who aren’t even back from leave yet — the letters say “if you need anything at all, just let us know! We even have a special full time Diversity Officer to take care of your special disability needs.”

Now, if an employee like the gent who wrote to me does return to work, does poorly, gets terminated, and sues the company — what’s going to happen?  The HR Department is going to proudly pull out the “is there anything we can do for you” letter.

It’s a CYA letter, plain and simple.

Undercover Lawyer’s Take-Away Tip:

I coud tell that the fellow who wrote to me was, like most employees, a proud person and a thoughtful person.  He just wanted to do well on the merits.   So I suggested that he smack the “disability” issue right back down the HR Department’s throat.

Here’s the letter you can send to your HR Dept:  “To the contrary, I’m absolutely fine and I do not want to be regarded as having a disability.”

Pow! Now they will really wet their pants.  Because the ADA forbids an employer from treating an employee any worse because the employee is “regarded as” being disabled.

This simple letter totally sticks the employer and the HR person between a rock and a hard place. And they’ll be stuck there not because they are trying to be nice and help their employees, but because they (or at least the HR Dept that sent this letter) doesn’t give a crap about the employees and only wants to cover their own butt. That’s all they’re trying to do. And with the “I don’t want to be regarded as disabled” letter employees everywhere will throw it right back at them.

Then the employees, like the gentleman who wrote to me, can just go back to doing their job well. Like they always have.

Podcast #4: Michelle + Dan = Retaliation

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Michell and Dan began their working relationship as friends.  Dan supervised a group of 8 employees; 7 young men plus Michelle.  Michelle was only 21.

Before work each morning, however, she had to drop off her young son at her mother’s house.  As a result, Michelle often arrived between 5 and 15 minutes late.

But Dan was sympathetic to Michelle’s struggles as a single mom.  He was the only other person at work with children.  Plus, how could you not like Michelle?  She worked hard, she was cute, and she could talk “like one of the boys.”  In fact, sometimes she made the boys blush!

Yet, little voice in the back of Michelle’s head kept telling her that the crude sex talk at work wasn’t something to be proud of.  In fact, she admitted to herself that she wouldn’t want her son talking like this.  But Michelle never spoke up… until one day when one of the guys said something so crude and disgusting that even she couldn’t take it any longer…

Listen to the podcast to hear how Michelle and Dan’s relationship changed forever, how Dan nearly lost his job, and to learn if Michelle was able to keep her position with the company.

Just by listening to this true story you will learn about retaliation in the workplace, and also about the importance of timing when establishing retaliation claims.

Show Notes and Links:

During the show I mentioned the blog article by “Careerguyd” about violence in the workplace.  If you would like to read that article yourself just click HERE.

I also mentioned that one of the members of the Forums has her own blog that is worth reading.  That is “HR Wench” and you can reach her blog by clicking HERE.

Finally, I revealed that my ace WordPress customizer is Sherry Dedman of Blog-Solace.  If you have your own blog and would like a technical expert to help you spiff it up, add complex plug-ins, or you just need some advice, you can check out Sherry’s blog about blogs HERE and her forum about the technical side of blogs HERE.

Direct download: UCL_Podcast4.mp3

P.S. Be sure to come to the forums and let me know which states you want added first to the new “State Law Resources” section.