When a hostile work environment isn’t a hostile work environment

Every so often, I get a call from an employee. The call goes something like this:

“I need an employment lawyer. Are you an employment lawyer?”
“Good. Because I am dealing with a hostile work environment.”
“Well, I generally only represent employers. So—”
“— But, my hostile work environment is bad. My manager is so mean. He yells at me. He gives me lots of work. He’s terrible. Do I have a case?”
“How did you get my number?”
“I found it on the internet.”
*** curses internet ***

Folks, I’m right there with you. Mean bosses suck. And who likes having to do a lot of work, especially when you’re getting yelled at? But this is not what the law recognizes as a hostile work environment.

But don’t just take my word on it. Consider the Third Circuit’s recent opinion in Fichter v. AMG Resources Corp. In this case, the employee cited 14 examples of what she believed created a hostile work environment, ranging from her male manager asking that she finish her work quickly and being required to tell her male manager if she would be arriving to work late or leaving early.

In denying the plaintiff’s claim for hostile work environment (based on gender), the Third Circuit underscored what the manager was asking of Ms. Fichter is what managers generally ask of their employees. So nothing here amounted to a Title VII violation.

Title VII doesn’t guarantee a perfect working environment. But, calls like the one above suggest that, while your workplace may not violate discrimination laws, there could be some problems worth address. As evidenced by the Fichter case, some lawyers don’t have the same filters that I do.

And, last time I checked, it’ll cost you money to defend a discrimination lawsuit — even if it’s meritless.

*** hugs gold bars ***

“Doing What’s Right – Not Just What’s Legal”
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