questions & answers

Question: At work i am being verbally harassed via email and in person is there any way that i have a case against someone with this it is not racial or sexual it is explicit and rude!I will be quitting and need to know what to do this company is known to sue people when they leave for nothing. i want to see if he comes after me if i have a leg to stand on in court with the emails saved and recordings of his abuse verbally>

Answer:

AZLawHelp Question 22251:

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. A.R.S. 41-1463.
http://www.azleg.gov/ars/41/01463.htm

Harassment is unlawful where:

1) Enduring the offensive conduct becomes a condition of continued employment, or
2) The conduct is severe enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. A.R.S. 41-1463.
http://www.eeoc.gov/laws/types/harassment.cfm
http://www.azleg.gov/ars/41/01463.htm

Harassment can occur in a variety of circumstances, including, but not limited to, the following:

•The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
•The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
•Unlawful harassment may occur without economic injury to, or discharge of, the victim.
http://www.eeoc.gov/laws/types/harassment.cfm

Retaliatory harassment

Anti-discrimination laws prohibit harassment against individuals in retaliation of filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
     •To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
http://www.eeoc.gov/laws/types/harassment.cfm

Prevention of unlawful harassment

Employers are encouraged to prevent and correct unlawful harassment. They should communicate to employees that unwelcome harassing conduct will not be tolerated. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management to prevent it.
http://www.eeoc.gov/laws/types/harassment.cfm

Employer Liability for Harassment

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. The employer will be liable for harassment, if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that:

1) It reasonably tried to prevent and promptly correct the harassing behavior; and
2) The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
http://www.eeoc.gov/laws/types/harassment.cfm

EEOC Investigations

1.When investigating allegations of harassment, the EEOC looks at the entire record:
2.The context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.
http://www.eeoc.gov/laws/types/harassment.cfm
 
If a person believes that they are a victim of employment harassment and discrimination contact:

Arizona Attorney General’s Office
Civil Rights Division
www.azag.gov

The Civil Rights Division investigates and resolves employment discrimination complaints. It also mediates and conciliates complaints and can bring legal action on an individual’s behalf so a solution can be found prior to litigation being initiated. (Most employment discrimination charges filed with the Attorney General’s Office are considered to be dual-filed with the Equal Employment Opportunity Commission.) There is no cost to file an employment discrimination complaint with the Civil Rights Division or the EEOC. Employment discrimination complaints must be filed with the Civil Rights Division within 180 days of the last discriminatory act.

Office Locations
1275 W. Washington Street
Phoenix, Arizona 85007
602-542-5263

400 W. Congress, Suite S-215
Tucson, Arizona 85701
520-628-6500
877-491-5742 (toll free) 877-491-5740 (toll free)