Can I sue for uncomfortable work conditions?
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Can I sue for uncomfortable work conditions?
I work in EMS and two of my Co workers,
one of which is married, the other who
is known for his promiscuity have been
having an affair. When I am on a 24 hr
shift, she shows up at the station
where we for all intents and purposes
live for our 24s and stays for hours
and cooks him dinner and the have this
overly elaborate Public Display of
Affection that is very uncomfortable
for me to have to tolerate. Especially
with my morals and feelings about the
sanctity of marriage. I brought my
concerns to the attention of my
supervisors multiple times with no
response. This last time they said they
would write up a visitation policy
mandating 1 hour at most and they have
no fraternization policy in place. Yet,
still nothing has been done and she is
back here again this week with more of
the same. What can I do? Do I have any
options legally about maintaining a
comfortable working environment?
Asked on May 21, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless this situation violates the terms of a union agreement, employment contract or company policy, or this situation constitutes some form of legally actionable discrimination (which it does not), then you unfortunately have no legal recourse in this matter. An employer can set (or at least tolerate) workplace conditions as it sees fit. For your part, you can either accept the situation, complain again and risk termination or quit. While seemingly unfair, it is the law.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, there is no legal obligation to shield employees from other employees' unethical behavior, (semi-)cladestine affairs, or public displays of affection. If your employer chooses to tolerate this (they don't have to: they could take action *if* they wanted), then there is nothing you can do about it. Your discomfort does not give you any enforceable legal rights.
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