|
There may be many reasons for one to feel humiliated at the workplace. It could be due to the employer insulting or embarrassing the employee in front of co-employees, another employee passing rude comments, etc. One may be faced with legal issues due to humiliation at work. One needs to be aware of one’s rights before claiming compensation for humiliation. Below are a few questions that have been answered regarding workplace humiliation: An employer verbally abuses an employee and publically humiliates him/her as a part of the disciplinary action. Is this an acceptable action?
If there is an employment contract that clearly indicates that an employer should not use abusive language or take any action that could be considered as public humiliation; the employee can protect himself/herself from humiliation. If the employer resorts to any of these activities, the employee may file a petition in the court for breach of contract. In the absence of an employee contract; the employee is an at-will employee who can be treated anyhow (as long as the employee is not discriminated based on age, race, gender, religion, or disability). Further, an employee may file a petition with the Equal Employment Opportunity Commission (EEOC) if the employer abuses or humiliates the employee due to the employee’s age, race, gender, religion, or disability. The EEOC would then validate the claim. If the employee’s claim is found to be valid; the employer may be sued in court. If an employee is humiliated and is made to work in a hostile work environment; can this employee sue the employer?
It would be difficult for an employee to take legal action for humiliation or harassment as it is not illegal for an employer to behave rudely or in an abusive manner. However, one may sue the employer if the rude behavior or abusive language was prompted due to one’s age, race, gender, religion, or disability. This would hold good for a hostile work environment as well. It would be wise for one to contact an employment lawyer to verify if he/she can find a loop hole in the state law that may be advantageous to the employee’s situation. Does any State or Federal law stop the employer from humiliating the employee?
There is no State or Federal law that restricts the employer from using rude or abusive language towards the employee. However, if the rude or abusive language was used because of illegal discrimination (factors such as age, race, gender, religion, or disability); then a complaint may be filed with the Equal Employment Opportunity Commission (EEOC). Use of mean and abusive language is unprofessional but not illegal. If humiliation is based on sexual remarks, can this be considered as sexual harassment?
Sexual remarks that are intended for an employee may be considered as sexual harassment. One should approach the HR department and the Department of Labor if a supervisor is behaving or passing comments of this nature. If one decides to sue the supervisor for sexual harassment, one may consider including workplace humiliation as a part of the claim. Majority of the companies would deal with the issue of sexual harassment very stringently and terminate the supervisor. However, company policies vary. Due to not liking one’s voice, if an employer humiliates the employee; can this be considered as discrimination?
If the employer behaves or acts in a certain manner due to one’s age, race, gender, religion, or disability, it may be considered as unlawful discrimination. It would be considered as illegal if the employer’s action was motivated by illegal workplace discrimination. One should try to use all the avenues available within the company to rectify the situation. If after that the unfair discrimination continues; one may approach the Department of Fair Employment and Housing (DFEH). One should know one’s rights regarding workplace humiliation so that appropriate action may be taken. In case of any doubt, one may always ask an employment lawyer for guidance.
Related Articles -
humiliation, office humiliation, humiliated at work, workplace humiliation, employee humiliation, humiliation laws,
| 
