Harrassment by Supervisor and creating hostile environment?

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wndsrfgrl

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My jurisdiction is: Texas

Hello.
I am hoping to receive some advice regarding what I encountered today and in the past 1 year, 6 months at the present company. I just emailed the EEOC to determine whether or not the employer is avoiding resolving the issues I have brought to their attention.
This is the letter I had sent to the EEOC and what I was planning to send to the owner of the company:

Since January 2008 I have gone through days of explaining to my supervisor how to do this/that because he doesn't seem to remember/listen to anything I say. I have had to make a formal complaint against a co-worker due to verbal harrassment, and a complaint was also made for bringing alcohol onto the premises.

Time and time again I have stated my frustration in regards to not getting a response to my emails to help get my job done. My supervisor couldn't answer any of my questions so I was forced to ask other co-workers, who I am now prohibited to contact with any questions.

I have also been accused by another co-corker of favoritism by my supervisor and that there is more going on than an employer/employee relationship. There has also been a lack of communication and it has caused resentment.

I had told the HR company who handles this, but it was told on deaf ears. I was written up today because I had recorded internal business conversations without the other members involved, but my understanding was that Texas was a 1-party consent state and I was told to remove all recordings. I recorded conversations because there was always denial as to what had been told to the employees. There was one incident where I had stated how the supervisor said that the "...the owner didn't know how to read the numbers (referring to the A/R report) and that he had to interpret it for him." This was told to the owner who then contacted the supervisor regarding the statement. He totally denied it and I was yelled at for it.

I have always gone to work on time, worked on my days off, on weekends, and on holidays. I have always done my work and I asked for my 1-year performance review. I didn't get it until 6 months later and was offered a "promotion" but with no additional monetary compensation. I refused and offered an alternative compensation (work from home and 10 additional days of vacation). He was hesitant on the work-from-home and said no on the vacation.

My supervisor has worked their for 2 years and is still is not familiar with the process nor where to find documents on the server. I have constantly had to answer the same questions over and over because he is not willing to find the information himself.

My supervisor has raised his voice at me when I tried to explain a process and tried to denied ever receiving an email that I had sent just one month earlier. Along with a few other times.

Today, I was written up for recording conversations and having a webcam in my office. I was never given the opportunity to explain to the owner (who I've tried to contact 3 times with no response) why I had to do these things: 1. It's always the supervisor's word against mine and now the owner believes that I'm lying all the time, but I have confirmed with a former employee about what has been said in meetings. 2. The webcam is because someone has been taking items from my desk and my office has been in disarray (files moved, pens on the floor) when I would come in the office. I was given the form to sign on the spot and I stated that I would not sign the form until I thoroughly read the document and he kept asking me what do I have issues with. He was turning red as a tomatoe and the meeting finally ended in which I walked out of the conference room and headed into my office to contact the outside HR company (who did not care to listen to my side of the story and what I have endured in the past 1.5 years.). He stated that they were accusing me of creating a hostile environment when I was only protecting myself due to the hostile environment I've had to endure for the past 1.5 years. About 1 hour later my supervisor came into my office again and asked if I had signed the form and I told him I was on the phone and he raised his voice and stated that I had 3 hours left to sign it. I felt that he was intentionally trying to find a way to have me terminated. I had heard that he was terminated in the past on grounds of mishandling company funds.

I would email the consultants for information and I would always have to complain to the supervisor because I never can get a response and it prevents me from doing my job.

My supervisor has also stated that he does not believe that the accounting numbers are correct and has asked me on a few occasions if I owned a gun. I never asked why he would asked me this.

I'm always in the middle of disputes and am the one who gets blamed for issues that occur. My supervisor has stated that, "what he says goes" or "this person (the owner's son) is the third wheel and i'll tell the developers which projects they need to work on."

I don't know what he does in his office because he hardly, if any, made a sale last year and he has taken 2.5-3 hour lunches and leaves early frequently to take care of family matters.

Another co-worker after returning from maternity leave was to work 30 hours, but I know she was given lots of leeway.

I've also tried to explain how to calculate something he questioned and to offer to email him how to do it and he refused the offer. I've tried to make suggestions on streamlining the processes we have now, but with red flags.

I've had other co-workers express their grievances (i.e. belittled by other co-workers, my supervisor not communicating information to them and accusing me of withholding information). They find it no use to tell the owner because nothing will be done. I stated that I have no issue with expressing my concerns with the owner, but he never responds to my requests to speak with him.

I've also contacted the EEOC to see what they would suggest I do. I've almost had a nervous breakdown in November because of all that I've gone through and have frequently confided to the Accounting Manager regarding problems. I have cried several times due to the issues I encounter daily, weekly, monthly, etc.

I have more documentation, but I'll leave it at this.

If someone could please provide some advice on how to handle this, I would greatly appreciate it.

Thank you.
 
The EEOC is only concerned with harassment/discrimination that is BASED IN your race, religion, national origin, gender, disability, pregnancy, or because you are over 40. In other words, unless his treatment of you is BECAUSE of your race, BECAUSE of your religion, BECAUSE of your national origin, etc., the EEOC will not be interested. They are not there for complaints of generic poor treatment. Generic poor treatment is not against the law. Since it appears that he treats most people the same way, this is very unlikely to be anything but an "equal opportunity idiot", which is not illegal.

The term, hostile work environment, has a very specific meaning under the law. Unless you are being subjected to either sexual harassment or illegal discrimination/harassment under Title VII and related laws (as described above) then you are not, legally, in an HWE.

Favoritism, per se, is not illegal.

Frankly, I can't find anything in your post that provides you with legal recourse. This is strictly an internal matter. The supervisor is a jerk, but being a jerk is not illegal. If the employer is willing to allow the supervisor to be a jerk, then all you can do is either put up with it or find another job.
 
I'm not sure what EEOC you're referring to, but they had responded to my email and had some cause for concern regarding the treatment of the employees within the company. Well, unfortunately you don't know the whole story and in the company's handbook it specifically states that favoritism is discouraged within the company.

"3. The term "harassment" may also include conduct of employees, supervisors, vendors and/or customers who engage in verbally or physically harassing behavior which has the potential for humiliating or embarrassing an employee of the Company"

Non-Fraternization
"...all employees, both managerial and non-managerial, are discouraged from fraternizing or becoming romantically involved with other employees, when, in the opinion of the Company, their personal relationships may create a conflict of interest, cause disruption, create a negative or unprofessional work environment, or present concerns regarding supervision, safety, security, or morale."
 
I can only answer based on the information you give me. If you like their answers better than mine, feel free to pursue it. But if you look at their website you will see that I am right about what characteristics are protected by their agency.
 
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