1.
Know if you are in a protected class. Protected classes are covered under Title 7
of Federal law and include: race, color, national origin, religion, sex
(or gender), age (over 40), and disability. Anti-discrimination laws only
regard unequal or unfair treatment as unlawful discrimination when the victim
is a member of a defined group known as a protected class.
2.
Consult your employee handbook (if one exists). If you are a member of a protected class or
not, what is company policy regarding harassment, retaliation, etc. Can you file a harassment complaint? Are there time restraints?
3.
If you are being harassed, keep a record of all interactions,
including who, when, how, why. Keep the
notes in a safe place, not at work. Keep
them in a separate notebook or on a computer you take with you each day when
you leave work. If the notes are left at
work, they may be viewed by other employees and/or supervisors. Remember, work computers and supplies come
with no expectation of privacy.
4.
If you are in a protected
class, contact your local EEOC office and investigate if/and when you should
file an initial complaint (this is where your notes will come in very handy).
5.
Be careful who you confide in at your workplace. You never know who will share what
information with whom. Find out if your
workplace offers private counseling through programs such as Employee Assistance. A program such as that is secure and
confidential—better than sharing feelings and experiences with co-workers.
6.
Are you covered by a union contract? Do you belong to another employee support
group? If so, can you request assistance
from the leadership of the group, or have them accompany you during your
meetings with management to file harassment complaints, etc.
7.
If you begin to suffer emotionally or physically from a work
environment that is hostile because of bullying seek medical assistance. Do not be afraid to see a doctor about your
physical symptoms. In addition to
treatment, there will be a medical record of your physical symptoms caused by
the harassment. IMPORTANT—do not be
afraid to tell your doctor that a hostile work environment is causing your
health issues. Many individuals are
afraid or ashamed to admit the situations in which they are trapped. It is not your fault! Once again, these medical records will come
in very handy if litigation occurs!
8.
Investigate all benefits available to you! Do you have sick leave you can use? Can you qualify for FMLA leave? Sometimes it
is best to take a few days off to consider your employment options and
REST!!! When a work environment is
hostile it can cause sleeping issues, etc.
When you are not well-rested, you make bad decisions. Use time off to research options such as
transferring out of your department, looking for other jobs in the area, etc.
Doctors will be happy to write you a note for FMLA leave, etc. if needed.
9.
When all else fails, feel free to research and find a good
employment lawyer in the area. DO NOT
attempt to secure legal advice from friends or the internet. Only a trained legal professional can truly
ask you the right questions to obtain the information needed to give you a good
legal opinion about your situation. For
example, is your job covered by an employment contract? If so, you have more and different options
than an employee-at-will. What is your
state law regarding employment—are all employees at-will unless otherwise
classified? Do you know the difference
between your state law and federal law?
It is complicated! Seek professional
help!
10.
It
is only a job, remember that! At times, a job becomes the most important thing
in life because it is our source of financial support, social interaction, and
identity. Jobs will come and go, but
family and your health are precious!
Know that you might need to leave a job because it cannot be
“fixed”. If you can secure a settlement
to leave, often that is the best result for which you can hope. Many workplaces will never address the bully
and stay unhealthy. If you notice a mass
exodus of workers from a business or company, it is a strong possibility
leadership is not dealing with “issues” that are affecting employee
satisfaction.
I want to say a BIG THANK YOU to Rosanne Lienhard Plante for providing us with this very helpful list!!
Rosanne is an Iowa licensed attorney with 20
years of experience in human resources and employment law issues. She has successfully represented and
negotiated employment law settlements for several clients. Recently, she negotiated her own settlement
from a hostile work environment in which she was exposed. She is the owner and founder of Second
Opinion Legal Center and Mediation Services, P.L.C. and Mrs. Iowa International
2016.
Until next time,
"Be Kind. Make a Difference!"
Mrs. Illinois International 2016
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