Human Resource Blog

Ohio Hostile Work Environment and Disability

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

	Management/Leadership
Complete Harassment Forms FMLA Administrator Kit Harassment Prevention Kit Sexual Harassment Kit Workplace Information Sheets

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

	Workplace Management
Attendance Organizer for 2008, 2009, or 2010 Employee Warning Notice Employee Counseling Report Performance Improvement Plan Employee Performance Evaluation Form Employee Final Warning Notice Separation Checklist Harassment Prevention Kit

One of our employees in

Ohio, is complaining that the frequent jokes about his stuttering are creating a hostile work environment. Is his complaint valid, or should he just grow up?

Interpretations about what constitutes a hostile working environment have been expanded to include many other things, including disabilities such as speech impediments and yes, stuttering.

So it’s important for the employer in this Ohio case to move swiftly and put an end to any jokes or other ridicule about the employee’s disability. According to federal low, the concept of a hostile work environment is not limited to gender.

By the way, this would also be creating a hostile work environment if employees were making jokes about a foreign accent of any type. In that case, it would be discrimination based on national origin.

Employees with disabilities are also protected by the ADA, or Americans with Disabilities Act, of 1990. The

ADA requires that no employers refuse to hire an employee because of a disability. It does not require that employers hire a disabled person. They may still weigh all of the usual considerations, including experience, education, job performance, competency, and other qualifications. But the employer must reasonably decide that the disability interferes with the safe, effectual performance of the job before rejecting an applicant.

Any employer who observes an employee being ridiculed for his or her disability should keep a Dallas case in mind. The Regional Manager of a fast-food franchise brought a complaint to the EEOC, arguing that a human resources person and the franchise owner were making fun of her hearing impairment, using remarks like “CAN YOU HEAR ME NOW?” and “You got your ears on?” The case went before a judge who ruled that a hostile work environment had been created, and he awarded the worker $166,500.

In the traditional sense, “hostile work environment” referred to cases of sexual harassment in which a worker would be subjected to offensive conduct or verbal abuse because of his or her gender. It did not have to involve physical contact. But the concept has been expanded to include race, creed, and nationality, as well as disability. It could involve jokes about a worker’s style of dress, his or her ethnicity, or cultural background.

The

ADA prohibits any discrimination based on disability. The employment opportunities that apply might include not only hirings, but promotions, firings, disciplinary action, training, and working conditions. JH