When to seek an attorney...?
I have been bullied by my employer now for about two of the three months I have worked for this company. They treat the "ladies" totally different. They allow the to wear the skimpiest of clothing, wear shorts on "jean" Friday though the dress code states no shorts. I asked off work to go to a very important doctor's appt with my wife to get results for a test she was having that could have really upset her if the results came back bad. They let a female coworker take off half a day to pay a speeding ticket but I wasn't allowed to take 2 hours or less off for my wife. At what point is this reverse discrimination? The bullying is really bad too but there aren't many options available to make a career change and they key in on this fact saying it's an employers market. I was reprimanded for telling my employer that I felt like the work they were asking me to do was unethical at which time I was told maybe I should seek other career options. What recommendations would anyone give under the circumstances?
- Joni HLv 58 years agoFavorite Answer
Ouch! When an employer suggests that you seek other career options, it's time to update your resume and look for a better job.
It is lawful for an employer to have different dress codes for men and women. The courts have repeatedly upheld that this simply reflects the reality in our society, that men and women dress differently in many cases. So they can allow women to wear shorts on casual days.
There is no federal law that specifically prohibits bullying by supervisors in the workplace. Some negative communication is to be expected -- a company would not be very successful if it were impossible to tell an employee that he was doing a bad job. Sadly, some supervisors have better social skills than others. If you are being singled out due to race, color, national ancestry, age (between 40 and 70), religion, sex or disability, that is illegal discrimination. But if you are being singled out due to job performance or a personality conflict, that is lawful. It may be bad management, but it is lawful.
When male employees are treated differently from female employees, that is illegal discrimination based on sex. If your employer has permitted a female employee to take time off to accompany her husband to a medical appointment, but denys you the time off, that may very well be illegal discrimination. However, allowing a female employee to time off to pay a ticket is a different situation.
If your wife has a serious health condition, you may be entitled to unpaid time off under FMLA or a similar state law. However, this does not apply if your wife is healthy.
To be candid, it does not sound like you really have grounds to sue the employer. The company may be poorly managed, but there is no law against that. It sounds like this job is not a good fit for you, and you should begin looking for a better job now, while you are still employed.Source(s): HR Pro 10+ years