Introduction
Harassment within the workplace is a common experience and practice yet is not highlighted broadly. In most cases, victims including other individuals only think the kind of harassment that deserves to be reported is the sexual kind. Ideally, there are so many individuals who face different kinds of harassment in the workplace making the working environment as inconveniencing and challenging mostly to the victims. Legally, a hostile environment is considered to be that which is unwelcoming, offensive, demeaning and full of discriminatory practice to particular people. Moreover, the hostility in a working environment makes its victims intimidated, unwanted, scared, and uncomfortable.
From the scenario given, John a Hispanic employee no longer can stand his work environment due to the derogatory words used by his supervisor while addressing him. It is evident that the supervisor is doing so due to John’s race since the supervisor does not use the derogatory words to non-Hispanic employees. John’s efforts to report his ordeal to the HR department is dissatisfying and all in vain and therefore he decides to follow suit in seeking help from relevant authorities.
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Elements of a Hostile Work Environment Harassment Claim
A harassment claim qualifies to be called so only when it meets specific elements outlined by legal authorities and other relevant stakeholders. Significant elements of a hostile work environment include those that violate the civil rights of individuals on specific aspects like their race, religion, sex, age, health, disability, sexual orientation, and nationality among others. Moreover, the complaint can qualify as harassment when the victim faces discrimination of a certain level leading to a denial of employment, promotion, or employee benefits (Yahnke, 2018).
As for John’s case, he can potentially satisfy the elements of a hostile work environment from the harassment claim because of the intolerance he faces. Considering that the supervisor never calls non-Hispanics derogatory names, John is in a better position to convince the authorities that truly he faces hostility in the work environment. On the other hand, the fact that he did not get any help from the HR department is an indication that there is bias in the company and racial discrimination is evident. From the harassment claim, having a witness to support and acknowledge that what John’s claim is true can be of help to both the authorities and the victim.
John’s employer lacks defense for the supervisor’s conduct since from the scenario the HR department did not help him in any way hence his dissatisfaction. On the other hand, considering that John sought help from the HR department in vain, cases of hostility in the workplace is mishandled and is not dealt with in a proper manner. Following the lack of help from the HR department, it can be challenging for John to make a prima facie case of hostile work environment unless fellow employees provide evidence that he does face discrimination. The supervisor’s hostility is verbal which in most cases can quickly be denied (U.S EEOC, n.d).
Depending on the depth that John can go to seek help and justice, he will have to file a complaint which follows a particular process. According to the U.S Equal Employment Opportunity Commission, he will have to contact an EEO counsellor before filing a complaint within 45days. After getting an appointment with the EEO counsellor and individual will be informed of what is expected of them, and the processes involved within a month. The counsellor then files a report sent to the agency’s office indicating the actions implemented during the counselling. After analysis of the issue, the agency offers and encourages an Alternative Dispute Resolution for the complaint. If the ADR fails within 90 days, the agency then accepts a formal complaint which should be submitted within 15 days of the notice. A complaint can be dismissed in case the complainant fails to address some key issues outlined during the counselling. When the complaint is approved by the agency, investigations are conducted using factual records and finding. Investigations must be completed within 180 days and after everything is outlined, hearings are set with relevant evidence provided. Depending on the findings from the hearings, the Agency will give a verdict in accordance with the legislation that includes the civil rights of 1964.
In case the complaint fulfill the requirement of the Agency and the evidence show the violation of Title VII of the Civil Rights Act of 1964, the Agency then files a charge to the orchestrator of the discrimination (U.S EEOC, n.d).
Conclusion
Incidences of workplace harassment are in most case not dealt with because of lack of information. Victims have the rights to know where to seek help and Agencies have the power to reach out individuals facing discrimination. Policies and charges against workplace harassment should also be sensitized to ensure that discrimination among employees is totally dealt with.
References
U.S EEOC. (n.d.). Filing A Charge of Discrimination . Retrieved October 16, 2018, from U.S Equal Employment Opportunity Commission: https://www.eeoc.gov/employees/charge.cfm
U.S EEOC. (n.d.). Title VII of the Civil Rights Act of 1964 . Retrieved October 16, 2018, from U.S Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/statutes/titlevii.cfm
Yahnke, K. (2018). The Complete Guide to a Hostile Work Environment in 2018 . Retrieved October 16, 2018, from i-Sight: https://i-sight.com/resources/the-complete-guide-to-a-hostile-work-environment-in-2018/
