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Hostile Work Environment Definition

Why You Should Not Give Up if the EEOC Turns Down Your Hostile Work Environment Claim

Schools Tackle Teacher-on-Teacher

    Bullying In the Workplace

USA Today features an interesting article about how 41 states have anti-bullying statutes for students, but zero states have anti-bullying statutes that apply to the teachers or administrators.

That’s starting to change, however, with two school districts — one in Iowa and one in California — for the first time ever explicitly prohibiting teacher to teacher bullying. This

    collateral bullying

is a huge topic in itself. But what’s troubling to me is that the article does NOT specifically state that the new rules prohibit school administration from bullying teachers.

It’s an otherwise interesting article, and you can read it HERE.

When an EEOC Investigator Turns You Down, You Can Still Prevail

I recently advised an Academy Member who I will call Brittney. Brittney contacted me in frustration because after filing an EEOC claim and waiting a long time, the investigator called and said the finding would probably be “insufficient evidence”.

A few other people in our forums have expressed the same frustration. It’s real, and it’s very possible, especially when the EEOC Investigators are over loaded. They feel that they can only give a brief glance to your allegations and not take the time to dig deep into your situation.

Here’s Brittney’s question and my answer, which I think could apply to a lot of people:

On Tue, Apr 6, 2010 at 8:02 AM, Brittney wrote:

Hello, I have received my allegation form from the EEOC. It seems that I don’t have enough grounds for a claim. The investigator told me that because I am from America and so is my supervisor, that he can pretty much discriminate against me and their is nothing the EEOC or I can do. What a bunch of shit. Oh well, I guess I will not be signing the allegation forms and the charges will not be filed. I would like to thank you for trying to help me. I will be returning to an even more hostile work environment this weekend. Again, thank you for your service, I have learned allot. Respectfully, Brittney.

And here is my response from that same day:

I’m sad to hear that the investigator does not see the merit in your claim. But, I’d still like to take a minute to give you a couple of tips.

You said that you were going to “be returning to an even more hostile work environment this weekend.” Is that because your supervisor will gloat about “winning” with the EEOC and feel more free to treat you worse? If that happens, he is illegally retaliating against you. TAKE NOTES ABOUT ANYTHING HE DOES THAT IS WORSE THAN BEFORE.

Attorney’s love to take retaliation cases, much more so than discrimination. Retaliation is much easier to prove. It’s just “Was the employee treated worse after filing with the EEOC as compared to before he filed with the EEOC?”

And what do supervisors do when the EEOC investigator says “unsubstantiated”? The supervisor acts like a classroom bully when the teacher leaves the room; he feels free to rip into you without fear of getting caught. BUT, that’s not true.

If you are treated worse this weekend, take careful notes about what your bully supervisor did. Then go see a local lawyer, or even re-file with the EEOC. Either way, you let the bully know that they have not “won”, and you will not roll over and take his abuse.

I hope this helps, and I hope to see you again in the Academy. -Curt

Quote of the Day

In the long run the pessimist may be proved right, but the optimist has a better time on the trip.
?Daniel L. Reardon

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  1. Subject: RE: School Bullying
    Posted By: jessie tompkins
    as an employee of the Montgomery Alabama Board of Education, I reported gang bullying and threats against me and other students and nothing was done. Actually the Board voted to fire me after I filed a police report, I further went to the media after the police report went missing. To complicate things, the Alabama Education Association (AEA) quit during my hearing.

  2. I always had great job evaluations until the hospital department I was working in hired consultants in the fall of 2008. Approximately two months after their coming in my director retired. She had sent an e-mail out that she wanted to talk to us about the bulleying and harassment that was going on the department. Many of the older more experience persons were harassed and many of them found new jobs. I tried to find another job in one of our sister facilities but management stopped that. You see managers in this hospital corporation has the ability to prevent you from transferring to another facility. I could not quit because I was being sent to school to complete my BSN and the school I was going to is very expensive so if I quit I would have to pay back all the money the hospital had spent on me thus far for education. So I stayed and in May of 2009 the consultants started harassing me. I had not done anything wrong but they said I did. I had great job evaluations all my life. I have proof of these that goes back as far as 1977. I even had glowing letters from my supervisor six months earlier and from my department chairman. I filed a complaint with the EEOC and I gave them everything but they did not investigate the complaint. I know because they did not talk to anyone whose name I gave them and these were people who said that they would tell them what happened. It makes you wonder if the largest hospital corporation in Indiana has connections to the EEOC. You should have seen the stuff I gave them. It broke my heart because I tried to hire an attorney but I do not have $6500 to give to them. I have thought about filing the claim by myself but I do not know what to do. I do have a termination paper that has lies written on it. I can prove that they are lies but the EEOC I do not think they even looked at them. I have a week left to file this case or they win. It is sad that so many so called faith believers can allow this to go on but it does. I hope and pray that God treats them the way they treated me.

  3. gonzaled1956 says:

    You say not to give up on the EEOC, but I filed with them, they never spoke to me only the ones I filed the charges on and our H.R. lady, I lost my job. And I have been e-mailing upto their director, no one cares much, and I’d be suprised it I ever get any were with them. They helped to get me fired for refusing to, lie. My supervisor, denigdede my any help . And my union, did nothing. Talk to me. Please, and let me know what you think I should do next

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