Q: Harassment at work has been reported and nothing done
I work for the state of illinois. A coworker has harassed me several times recently. I’ve reported it in writing to my supervisor. I’ve sent him the email of the harassment and nothing is done. I’ve also been written up for saying “I’m not a fan of him” when referring to the person harassing me. He has publicly (Facebook) stated he is ashamed to have worked with another employee and has not been written up. Do I have a case for harassment or hostile work environment?
A:
I'm sorry to hear about your difficult situation. Not all "harassment" is illegal - or in other words being a jerk/rude is not enough to create legal claim. Instead the harassment must be based on a protected class characteristic like race, age, gender, etc. or retaliation because your tried to assert your legal rights to be free from illegal harassment. If you still have concerns, you should get specific job advice from an experienced employment law firm.
Pietrucha Law Firm, LLC provides employees with virtual job advice sessions.
A: You absolutely have the right to work in an environment free from harassment, and your employer has an obligation to do something about it if you report harassment in the workplace to them. However, to qualify legally as a hostile work environment, the harassment must be so severe or pervasive that it affects your ability to do your job. While it is unprofessional and outright mean to say via social media that you are “ashamed” to work with someone, this alone does not qualify as harassment. Is there more to it? Is your coworker ashamed because of your national origin, race, age, gender, or other protected status? Was there more harassment than just this one Facebook post? If so, consult with an experienced employment lawyer to discuss the evidence in your case and your legal options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
