Hostile Work Environment

TX Annie

I need your expertise. The Plant Mgr at our facility is prone to "punishing" his staff by ignorning them, not answering their e-mails or phone calls, and similar behavior. Often, the employee doesn't even know why. Could this be Hostile Work Environment?

Paul in Cannon Beach

Not in my opinion. He just sounds like a fairly immature, rude supervisor.

A work environment is by nature "hostile" at times due to tension, politics, conflicting agendas, and different personalities. That doesn't mean that it has reached the level of "hostile environment".

One factor I would think that would undermine a "hostile work environment" allegation is that the supervisor seems to treat EVERYONE this way.

That doesn't mean you don't have a serious problem. Your plant manager needs to be confronted and shown how his behavior is affecting the other employees.

Ignoring an employee who has a legitimate safety concern, for example, could be potentially devastating for your organization.

I have to guess that anyone immature enough to "punish" people by ignoring them is going to cause you problems in other areas as well eventually.

Whirlwind

This type of behavior only rises to the level of hostile work environment, in the legal sense, if the "hostility" is directed to members of a protected class and not others.

That doesn't mean this guy's conduct shouldn't be dealt with within your company's disciplinary framework.

Paul in Cannon Beach

Debra, am I in a protected class of any kind?

White Male
Late 30s
Protestant
Heterosexual
Married


I have this funny feeling that anyone can be hostile towards me and there is no recourse.

NaeNae55

(You are being ignored.)


Nae

Paul in Cannon Beach

Ha.. that took me a second.

I would venture to guess that more than 2/3 of the employees who raise "the hostile environment" issue don't have a situation that meets the requirements.

Ok, you can go back to ignoring me.

p.s.

If someone doesn't know they are being ignored, does it really count?

Whirlwind

That's right, Paul. We can abuse you with reckless abandon and legal impunity.

dbutton111

Well . . . you could be sexually harassed, that's open to anyone. And even religiously if you are the only protestant working with all muslims, buddhists, catholics, jewish, etc.

davids

The behavior you describe potentially does create a hostile environment. Although the supervisor may treat all employees the same, I would not want to defend a charge by arguing that he is an "equal opportunity jerk." That is, he does not discriminate, but treats all races, religions,etc. with the same hostility. Additionally, a court recently ruled that although a supervisor treated both male and female employees the same, the women perceived the behavior as more threatening, thus making the behavior sexual harassment.

Hostile environment or not, this is no way for a supervisor to behave. Counsel him, discipline him, get him to improve the way he treats his staff.

Paul in Cannon Beach

That is fascinating. So even treatment that is equal can be "percieved" differently according to gender?

If courts are considering differences in perception, then the "equal opportunity jerk" defense is undermined. Not that it was ever a good "strategy" anyways.

Prompt action to adress this supervisor's behavior is necessary. Be sure to document the complaints you have recieved as well as any steps you take to address them.

SMace

Could you please site the case you are referring to?

NaeNae55

I just read about that case too, though I can't site it.

An abusive supervisor yelled at employees and continually did so inches from their faces. His actions would have been considered anywhere from confrontational to threatening.

I think if you are small and they are in your face yelling, you would have to feel threatened. It seems to me that he was a big guy too.

The court agreed with the women that his actions were more threatening to them then to the men. What I want to know is, why was he allowed to be so abusive to his employees? I bet the men are relieved the women sued as now something will finally be done.


Nae

ray a

I keep seeing references to a supervisor. This is not a mere supervisor, this is the plant manager. The guy at the top. The guy in the corner office with the most windows and the most power. The power to flick an HR Manager out the door. He may end up in court, but.... well you get the picture.

I agree with others that it does not fall under the legal definition of a Hostile Work Environment, but sounds like a worker friendly place. How open is your plant manager to suggestions? Are you able to have a candid talk with him concerning the value of employees and what will happen if they decide to leave en masse because of poor work conditions? Is there someone this guy reports to?

SMace

What most folks are trying to get across (IMHO) is to be careful labeling certain behavior as hostile work environment. That's a legal term that really doesn't provide value to anyone but attorneys.

His behavior is not HWE. Just because one case in one district says it is doesn't sell it to me. His behavior is absolutely poor and should be dealt with by his boss. Just be careful when you throw HWE around.

davids

The case I was citing is a 9th Circuit decision in Christopher v. National Education Association (September 2005). Although it seems like 9th Circuit decisions get overturned more frequently than other Circuits, for those of us in the 9th Circuit, at least for the moment, this decision should guide our actions/responses.

I do agree with SMace that we should not concede anything by using the term "hostile work environment." However, the behavior discribed is inappropriate and potentially could rise to the level of hostile work environment. The bottom line, on which I think we all agree, is that your challenge is to get the manager to cease such conduct.

Paul in Cannon Beach

Well TX Annie, was this discussion helpful or hostile?