Human Resource Blog

Ohio Hostile Work Environment

Can a supervisor be biased against an employee who has made repeated complaints to the HR department in Ohio? And, does an employer have the right to ignore an employee’s charges of a hostile work environment?

Let’s answer the first question. It’s illegal to retaliate against a worker who, in good faith, complains of discrimination. The pertinent legislation is Title VII of the Civil Rights Act of 1967. In short, even if the complaint turns out to be unfounded, the company or a supervisor may not retaliate against the employee who is complaining.

To answer the question in more detail, however, it depends on the type of complaints that are made to the HR department.

First, let’s explain “good faith.” It means the employee is sincere. His or her intentions are honest and there is no deliberate attempt to make an unfounded claim. No fraud is involved.

If the complaint is something like “I have a stupid boss” or “This is the way he should have done it,” there is no federal or state law that protects the worker from bias. Some HR departments keep the originators of these kinds of complaints a secret.

Federal whistleblower laws protect employees from retaliation if they report things like unsafe working conditions, violations of the minimum wage law, the overtime law, or environmental protection legislation. Some states have also passed their own whistleblower laws.

Firing, denying a promotion, and disciplinary action are three forms of retaliation.

Now for the second question.

You asked if an employer has the right to ignore a worker’s complaint of a hostile work environment. The answer is that it would be a mistake to do so. When any member of a “protected group,” including race, color, religion, sex, age, disability or national origin, faces repeated workplace bias, a hostile environment exists. It’s best to start an internal investigation to judge whether the complaint is valid. If it is, the next step is to put an end to the hostile environment. If there is a finding that the complaint is unfounded, the employer should notify the complainant. Workers may file a complaint with the Equal Employment Opportunity Commission (EEOC), which will launch its own investigation. If the EEOC finds merit in the complaint, it will bring a suit for the employee against the employer. JH