What protections do I have when a peer treats me in an increasing hostile manner because our manager told him that I complained about him?

UPDATED: Oct 1, 2022

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What protections do I have when a peer treats me in an increasing hostile manner because our manager told him that I complained about him?

My peer has been running tests in such a way that it violates the regulations of
our accrediting body, which ultimately goes back to CMS. When asked about the
legitimacy of his actions, he did not care and continued with the regulatory
violation. I informed our manager that his actions were not within regulatory
requirements and put as at risk. My manager spoke with the man and told him it
was me who spoke up. Now the guy is increasingly hostile toward me, he graded my
chemistry competency assessment much more severely than my peers. He has a
history of making racist, sexist, and homophobic remarks. He also has a history
of making young women feel uncomfortable by standing too close and pulling on
small strands of their hair.

Asked on January 22, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If YOU are subject to harassment based on race, sex, or sexual orientation and your employer does not stop it after complaints, you could file the appropriate discrimination or harassment complaint with either the federal EEOC or your state's equal/civil rights agency. Those categories are protected under state and/or federal law, and an employer which allows employess to be harassed on this basis opens itself up to a legal action or claim.
If the peer simply does not like you (such as due to your complaint) and is being hostile to you for some reason not based on sex, sexual orientation, or race, there this nothing you can do: the law does not require employees to be nice or respectful or professional to each other, or make employers stop one employee from mistreating another. Only certain specific kinds of harassment or discrimination are prohibited--but one employee simply not liking another, retaliating for some complaint another employee made about him or her, is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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