Bullying in the Workplace

bullyfree_fcc_Eddie~sThe issue of bullying is currently a hot topic in the United States, and it’s not just schoolchildren who are the targets, or offenders. More and more advocacy and law enforcement agencies around the country are receiving inquiries from folks wondering if bullying and/or harassment is a legal cause of action.

According to a recent article in The Employment Discrimination Report, in a recent New York federal court case, the pro se plaintiff, a college lecturer, attempted to bring an action “regarding the bullying and harassment by (his department’s) current Chair.” He told the Court “that he was not alleging that his Chair’s hostility was motivated by his race, sex, age, or national origin.” The federal court held that:

 

“Bullying and harassment have no place in the workplace, but unless they are motivated by the victim’s membership in a protected class, they do not provide the basis for an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2 (“Title VII”), and any complaint to the Equal Employment Opportunity Commission (“EEOC”) based on them does not constitute “protected activity” under Title VII.”

The Court went on to say:

“Victims of non-discriminatory bullying at the workplace, like those treated unfairly for reasons other than their membership in a protected class, must look outside Title VII to secure what may be their fair due. The Court does not condone bullying, but it cannot read Title VII to protect its victims unless the bullying reflects discrimination based on race, color, religion, sex, or national origin.”

Read the entire article by Richard Cohen.

On July 28th, 2014, NH’s Governor vetoed an anti-bullying bill, HB 591   Read Governor Hassan’s Press Release regarding the veto.

So what is an employee to do when he/she believes she is being subjected to bullying behavior?  How can an employer protect itself against legal action while maintaining a safe, professional working environment?

The Lawyer Referral Service of the NH Bar Association can help with referrals to competent and insured labor law attorneys who represent employees and/or employers.  Call 603-229-0002 or request a referral online.

Veterans and the ADA: A Guide for Employers

Each year, thousands of military personnel stationed around the world leave active duty and return to jobs they held before entering the service, or begin the search for new jobs. Recent veterans report high rates of service-connected disabilities (i.e., disabilities that were incurred in, or aggravated during, military service).[1] About twenty-five percent of recent veterans report having a service-connected disability, as compared to about thirteen percent of all veterans.[2] Common injuries incurred by these veterans include missing limbs, burns, spinal cord injuries, post traumatic stress disorder (PTSD), hearing loss, traumatic brain injuries, and other impairments.

There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Two of those laws — Title I of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) – protect veterans from employment discrimination. Title I of the ADA, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), prohibits private and state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability.[3] USERRA has requirements for reemploying veterans with and without service-connected disabilities and is enforced by the U. S. Department of Labor (DOL).

This guide describes how the ADA applies to recruiting, hiring, and accommodating veterans with disabilities, and briefly explains how protections for veterans with disabilities differ under USERRA and the ADA. The guide also provides information on laws and regulations that employers may find helpful if they want to make recruiting and hiring veterans with disabilities a priority.

Read the entire guide from the US Equal Employment Opportunity Commission (EEOC).

Are you a veteran who feels your employer is not complying with the ADA?  The Lawyer Referral Service of the New Hampshire Bar Association can help with a referral to a competent  attorney experienced with handling ADA issues in employment law.  Call 603-229-0002 or request an online referral.