where to go with this problem?

[ksalyer]

1st time poster here

heres the deal...

My Wife works for a family owned Chiropractic office ran by the doctor and his wife. He does all of the treatment and she basically takes care of the books and the front office stuff. My wife has worked there for about 2 months. Recently (about 2-3 weeks) my wife has come home in tears and having very severe panic attacks which cause her to have asthma attacks. After i got her calmed down, she told me that she had those attacks because the Doc's wife tells her she is a f*cking idiot, stupid, and that she would fire her if she wore her hair up in a pony tail again. Basically everyday my wife goes to work the doc's wife tells her how stupid she is and how she doesnt understand hpow she got hired because she's a f*cking idiot and wants to fire her because of her hair and calls her ditzy all the time.


What im wondering is who/what or where should i go to to talk about this and does she have a case for wrongful termination iof they fire her because of her hair? i mean that seems pretty stupid and ridiculous to do.

and and all help is appreciated. thanks!

 

[cbg]

Unfortunately, while I agree that it's fairly ridiculous, nothing you have described violates any laws or gives your wife any legal recourse. What you have posted does not meet the definition of illegal harassment or discrimination. It is not illegal to be a jerk; it is not even illegal to be a world-class jerk. The law does not prohibit an employer from insulting their employees and they do have the right to dictate dress code, including hair styles.

 

[shewolf3829]

Cbg really needs to learn to give better advice lol. Here's where you, well your wife stands. What is workplace harassment?
Workplace Harassment is a specific kind of discrimination. It occurs when someone at your workplace (e.g., a supervisor or a co-worker), says or does something to make you feel uncomfortable or intimidated.Harassment is illegal only if it is done because of your race, gender or other protected category.

The two most common types of harassment are sexual harassment and racial harassment.

Now, what your wife can do is run with the fact that the doc's wife is making a hostile work environment. She does have to follow the dress code that the wife set's tho.

More over, I think that the doc's wife is insecure about your wife working there with her husband. More or less she hates women lol.
Shewolf

 

[Scooterdog]

Cbg really needs to learn to give better advice lol. Here's where you, well your wife stands. What is workplace harassment?
Workplace Harassment is a specific kind of discrimination. It occurs when someone at your workplace (e.g., a supervisor or a co-worker), says or does something to make you feel uncomfortable or intimidated.Harassment is illegal only if it is done because of your race, gender or other protected category.

The two most common types of harassment are sexual harassment and racial harassment.

Now, what your wife can do is run with the fact that the doc's wife is making a hostile work environment. She does have to follow the dress code that the wife set's tho.

More over, I think that the doc's wife is insecure about your wife working there with her husband. More or less she hates women lol.
Shewolf

Excellent response!

 

[cbg]

But incorrect.

A hostile work environment does not exist, legally, unless the poster is being subjected to either sexual harassment or illegal discrimination under Title VII. Nothing in the post suggests either to be the case. Unless the poster has left out a great deal, this is not an HWE.

By all means, talk to an attorney if you think I am wrong.

 

[Scooterdog]

Why would anyone need to talk to a shyster?

How about what the FCC has to say:

Hostile work environment harassment occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment – a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

Examples of actions that may create sexual hostile environment harassment include:

Leering, i.e., staring in a sexually suggestive manner

Making offensive remarks about looks, clothing, body parts

Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another's body

Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.

Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

Other actions which may result in hostile environment harassment, but are non-sexual in nature, include:

Use of racially derogatory words, phrases, epithets

Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group

Comments about an individual's skin color or other racial/ethnic characteristics

Making disparaging remarks about an individual's gender that are not sexual in nature

Negative comments about an employee's religious beliefs (or lack of religious beliefs)

Expressing negative stereotypes regarding an employee's birthplace or ancestry

Negative comments regarding an employee's age when referring to employees 40 and over

Derogatory or intimidating references to an employee's mental or physical impairment

Harassment that results in a tangible employment action occurs when a management official's harassing conduct results in some significant change in an employee's employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment.

A claim of harassment generally requires several elements, including:

The complaining party must be a member of a statutorily protected class;

S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;

The unwelcome conduct complained of was based on his or her membership in that protected class;

The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.

 

[cbg]

None of which appears to be happening based on the poster's description.

 

[Scooterdog]

CBG, perhpas you need to read a little closer before making a comment as above.

The thread is about harrasment/verbal abuse. I responded with what elements are usually required for a harrasment claim.

A claim of harassment generally requires several elements, including:

The complaining party must be a member of a statutorily protected class;

S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;

The unwelcome conduct complained of was based on his or her membership in that protected class;

The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.

I believe calling any woman a stupid F'n idiot creates an offensive work inviroment.

 

[cbg]

I agree.

But it is still not a hostile work environment as defined by law.