A dispatcher suffered from multiple sclerosis, which caused, among other things,

Question

A dispatcher suffered from multiple sclerosis, which caused, among other things, incontinence and coordination difficulties. After having bowel accidents at work, the dispatcher was subjected to ridicule, which included name-calling, the posting of unflattering drawings and pictures on the office walls, and the theft of his cane.

Has the employer created a hostile work environment? To what extent is the employer required to notify his supervisor of his belief that the work environment is hostile? [Murphy v. Beavex, Conn. D.C., No. 3:06CV01109 (DJS) (2008).]

Explanation / Answer

answer...
Has the employer created a hostile work environment?
A hostile work environment is created by a boss or coworker whose actions, communication or behavior make doing your job impossible. This means that the behavior altered the terms, conditions, and/or reasonable expectations of a comfortable work environment for employees. Law states that a work environment is considered hostile if-
The behavior or communication is pervasive, lasting over time, and not limited to an off-color remark or two that a coworker found annoying. These incidents should be reported to Human Resources for needed intervention.
The problem becomes significant and pervasive if it is all around a worker, continues over time, and is not investigated and addressed effectively enough by the organization to make the behavior stop.
Since we don’t have any information regarding if the employee has complained the employer or the Human Resources nor we have any clue about if an investigation is in progress, it will be difficult to comment, if the employer is creating a hostile environment.
To what extent is the employee required to notify his supervisor of his belief that the work environment is hostile?
Understanding when a workplace truly qualifies as being hostile is imperative for employers and employees. A conduct or speech typically considered “hostile” in terms of law if it is intimidating, offensive, abusive and/or otherwise offensive, going beyond rudeness or casual joking. If the employee feels that the conduct has reached a level of harassment, mockery, ridicule and/or unrelenting teasing, that the conduct is intentional, severe, recurring and/or pervasive and interfere with the employee’s ability to perform his/her job he/she can notify the supervisor as the work environment being hostile. If the employee feels that the act is so severe, that a "reasonable person would agree that it is severe" and is creating an intimidating, hostile, or offensive working environment or is causing hindrance in his/her day to activities he/she may complain of the work environment gone hostile.

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