Close to Harrasement?

[sharon1977]

I live in Kansas.

New boss in the picture, will have been here 1 year next month. Plays mind games with people that are just unreal. He has managed to fire some long term employees due to them not agreeing to some of the ways he wants things done. We are a manufacturing plant so some of his ideas just don't make since. He sets goals that are unreachable to any human. When you ask him what he suggests doing to making things better, he just tells people to find a way. My office is next to his so I hear a lot of conversations from his office. He is very good at telling employees one thing and then telling our President something totally different. I have made note of several of these conversations I have heard. We have one employee that he took into his office and he told the employee who has been here 15 years, that he has been trying to fire him. Just hasn't been able to find a way yet. This employee had several departments under him and now this jerk has taken away all of them but one department and told him he would have to go and work nights now. He told him that if he doesn't fire him he would make his work life so miserable that he would quit. Just how close is this guy to harrasing this employee? Can anything be done or what can I or someone say to make this guy aware of his actions? Doing some research, found out he was let go from his last two jobs for this same kind of behavior.

 

[seniorjudge]

Nothing in your post is illegal.

 

[sharon1977]

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome verbal harassment conduct on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over) etc. EMPLOYEE IS 48 YEARS OLD that is being harassed. etc....
1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or
2. A supervisor's harassing conduct results in a tangible change in an employee's employment status or benefits (for example, demotion, termination, failure to promote, etc.)

 

[cbg]

What is your evidence that the employee is being harassed BECAUSE they are over 40?

 

[sharon1977]

Nothing concrete yet, but am working on it. There is another man in the same position that is 20 years younger and been here only 1 year. He has not been told that he would have to go to nights. The younger man was told that they were going to make the other guy go in hopes that he would quit so they didn't have to pay him severance pay. This gentleman that they are harassing, had the title of Director of Operations when this other man came on board. Since this man has been with the company, he has demoted this guy 5 times in one year and took his job title away from him. He only is in charge of one department at this time.

 

[cbg]

It is only illegal if it is BECAUSE OF his age. Simply because he is over 40 does not automatically make it age discrimination.

 

[Green_Hornet]

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome verbal harassment conduct on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over) etc. EMPLOYEE IS 48 YEARS OLD that is being harassed. etc....
1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or
2. A supervisor's harassing conduct results in a tangible change in an employee's employment status or benefits (for example, demotion, termination, failure to promote, etc.)

That would be a tough sell since in your first post he treats all employees badly (in your view).

We are a manufacturing plant so some of his ideas just don't make since. He sets goals that are unreachable to any human.

This problem can be dealt with though organizing in a Union. Since the company is manufacturing call the AFL-CIO to find which one would be appropriate, and contact an organizer.

 

[sharon1977]

A union has been discussed but it would not help the people that need it. All are salary and most places do not allow salary to belong to a union. But thanks anyway.

 

[Green_Hornet]

A union has been discussed but it would not help the people that need it. All are salary and most places do not allow salary to belong to a union. But thanks anyway.

That depends on their Job titles if they are managers you are correct,however if they are other professionals that don't fall under managerial positions. (Engineers,Architects,Accountants Etc,Etc) then they could organize.