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Boss Gets Divorced, Goes Insane, Causes Hostile Work Environment (Part III)

HOSTILE WORK ENVIRONMENT

PART III: In Part I & Part II of this article we covered how Sharon Kaytor filed a hostile work environment claim after her boss made repeated sexual and violent comments toward her. He yelled “you have a flat ass” after her as she was walking away. He yelled “she’s going to spread her legs for the doctor,” loud enough for other employees to overheard. Sharon’s boss gave her a “Pussy Willow” plant with a suggestive note, which became the talk of their department. Finally, Sharon’s boss told her that he wanted to see her dead. He also said he wanted to see her “in a coffin”. Despite all of these facts, Sharon’s employer -- submarine manufacturer Electric Boat of Connecticut -- denied that Sharon was subjected to a hostile work environment. Electric Boat … [Read more...]

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Boss Gets Divorced, Goes Insane, Causes Hostile Work Environment (Part II)

Pussy Willow Plant a Sexual Gift?

PART II: The first thing HR did when Sharon made her complaint was to transfer her to a different office down the hall from Dan, where she would have a new supervisor named Crogle.  A harassed employee should not have to keep working for the harassing boss, so this was a good move by the company to avoid creating a hostile work environment for Sharon.  Or was it? The “terms and conditions” of Sharon’s employment should remain the same according to law.  Sharon’s pay did stay the same.  Her “new” office, however, was much worse.  Lead based paint was flaking off the walls and landing on Sharon’s desk.  Her new boss, Crogle, answered to Dan.  So ultimately Dan was still her boss.  Was this really a better, safer situation for her, or was it worse?  It … [Read more...]

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Boss Gets Divorced, Goes Insane, Causes Hostile Work Environment (Part 1)

kim-kardashian-in-coffin

Sharon Kaytor worked at Electric Boat in Groton Connecticut from 1973 until her termination in 2007. She claimed that her supervisor caused a hostile work environment and generally made her life insufferable through his comments and actions. Her supervisor and Electric Boat, however, filed a summary judgement motion against Kaytor’s lawsuit, asking the trial judge to throw the case out before trial. The judge did through the case out, and said that no reasonable person could find that Kaytor experienced a hostile work environment, so, there’s no need for a trial. Kaytor appealed the dismissal of her hostile work environment lawsuit against her boss and Electric Boat, and (here’s the good part) a panel of three appellate judges reinstated her hostile work environment claim -- so … [Read more...]

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What Makes a Hostile Work Environment an ILLEGAL Hostile Work Environment?

hostile-work-environment-hospital

As I mentioned in the previous post, many people don't realize that there is a difference between a hostile work environment (meaning you feel harassed for no good reason and so utterly stressed that you feel sick about going to work), and an ILLEGAL hostile work environment.  To help show you the difference I'm showing you the key portion of a 2010 court case from the 2d Circuit Court of Appeals.  (The Second Circuit covers New York, Connecticut, and Vermont, but the legal principles cited here apply everywhere in the U.S.) In this case, the court gives the definition of an ILLEGAL hostile work environment: "Title VII is also violated when a "workplace is permeated with discriminatory intimidation, ridicule, and insult . . . that is sufficiently severe or pervasive to alter the … [Read more...]

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What is a “Hostile Work Environment”?

Do You Work in a Hostile Work Environment?

What is a "Hostile Work Environment," you ask? If you have been so stressed out at work by a supervisor that won’t leave you alone, who nit-picks your work, and holds you to insane standards that apply to no one else, then you have probably felt like you were working in “A Hostile Work Environment.” For example, at one point in my legal career it felt like I was working in what is commonly called a Hostile Work Environment.  I worked for a partner who was sugar-sweet to her associate attorneys and her legal secretary one day, and then the next day would be yelling that we were all worthless and should be fired. One day when I came back from lunch, I found the partner screeching at the legal secretary (who was an excellent employee, by the way).  After the partner walked … [Read more...]