What constitutescreating a hostile work environment?

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What constitutescreating a hostile work environment?

Two months ago I filed a sexual harassment claim with human resources, against a co-worker. He verbally abused me using sexual content and suggestions. Since then I have been a target by my supervisor in the sense that I am watched and written up for anything, including invalid write-ups. All parties signed an agreement through I.A. to have no contact and to gag the subject. Many other officers are aware of the situation. In the agreement, it stated we wouldn’t work the same shift, yet he works my shift. I am forced to work to work his.

Asked on May 20, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This might constitute a hostile workplace and sexual harassment. A company should not encourage, support, or even allow and condone sexual harassment. This includes not retaliating against an employee who brings a sexual harassment claim or complaint--and, in fact, retaliation on this basis is specifically forbidden. A company also needs to honor contracts or agreements. Based on what you write, you should probably either contact the federal Equal Employment Opportunity Commission or your state labor department, or alternatively, you may wish to consult with an employment attorney (the initial consultation is often free; ask about this before making an appointment) to see if you do have a claim here. Good luck.


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