QUESTION

When does harrassment on the job become serious enough to file charges? I am not terminated yet and have went to HR and Administration.

Asked on Nov 04th, 2011 on Labor and Employment - Tennessee
More details to this question:
The environment is very intimidating and is emotionally and physically making me ill, Ive lost 2 days due to the persons creating a deliberate and repetitive behavior that is causing me distress and depression. I am serious about filing with the EEOC and contacting a good Attorney if I can show ample proof of this being a harrassment/labor case.
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
Harassment itself, while reprehensible, is not illegal.  But,  If (and only when) harassment is a consequence of a "protected characteristic" such as the victim's race, color, creed, gender, national origin, age (if the victim is over 40), disability, military or veteran status, etc. or that is part of retaliation for the victim's exercise of rights protected by federal laws (e.g., to oppose or provide evidence in another person's discrimination case) it may be considered unlawful.  This is the motivation element of harassment     And then  . . .  harassment that meets the motivation test will only be considered legally significant if it either:  (1)  unreasonably interferes with your ability to perform your job; or (2) is so frequent, widespread, or otherwise pervasive in the workplace that it changes the workplace by becoming a regular part of the victim's working environment. This is the severity element. If you can show that the treatment you are suffering from meets both the motivational element and the severity element then you may have a case of unlawfully discriminatory harassment.  Keep in mind that you must file the EEOC charge not later than 180 days after the act of unlawfully discriminatory harassment to obtain a remedy for the act.
Answered on Nov 04th, 2011 at 12:36 PM

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