Many people have had a mean boss or experienced a tough work environment. But how do you know if it’s just a bad situation or something illegal? Following are some questions and answers that can help Michigan workers understand the difference between an unpleasant workplace and one that infringes on their rights.
Is the conduct targeted to one person or group?
When determining whether behavior is illegal, consider whether it’s directed at one person or a specific group.
- Negative but lawful conduct: A boss who is generally tough on everyone might just be mean or ineffective rather than harassing or discriminatory.
- Signs of illegal environment/actions: If the behavior is only against a person or group because of their race, gender, age or another protected characteristic, it could be discrimination, which is illegal.
Targeted behavior based on protected characteristics can be a clear sign of illegal conduct and warrant further action.
Is the behavior disruptive and ongoing?
Another key question is whether the behavior is constant and disruptive.
- Negative but lawful conduct: Occasional outbursts or criticism, while unpleasant, might not be illegal.
- Signs of illegal environment/actions: If the behavior or harmful statements are persistent, it could be harassment, which is cause for concern.
Persistent and disruptive behavior that creates a hostile environment is a strong indicator of illegal activity.
How does your boss/HR respond when you bring up the issue?
The response you get when you report the issue can also be telling.
- Negative but lawful conduct: If your boss or HR listens to your concerns and diligently investigates them but does not recommend changes or penalties, it might just be a tough work environment. In this case, there may be no legal recourse for improving the workplace.
- Signs of illegal environment/actions: If your boss or HR representative ignores your complaints or you face retaliation for speaking up, you could have reason to file a complaint or lawsuit.
How leadership responds can tell you a lot about their commitment to employees’ rights and potentially problematic attitudes.
Know your rights to protect them
Understanding the difference between a lousy job or a mean boss and wrongful conduct is crucial. While a harsh work environment is tough, it’s not always unlawful. However, targeted, ongoing and unaddressed behavior can cross the line into illegal territory. Knowing your rights can help you take the right steps to protect yourself.