Discrimination Definition
Hostile Work Environment

Discrimination definition - Through this example of a hostile work environment I hope it will help you with what the definition of discrimination is.

Good Luck!

Mr. Doe is a regular hourly employee at the XYZ Company. He has been working in the Parts Department for the past eighteen years. Mr. Doe has a very good work history with the Company. Mr. Doe is fifty-eight years old, married with four children, and three grandchildren.

The Parts Department currently consists of seven full time male employees. One of their many responsibilities is to pull parts and prepare invoices for the delivery drivers that work for a different department within the company.

They recently hired a new delivery driver, Ms. Hill, who is a twenty year old female.

On the very first day she was picking up parts from Mr. Doe he stopped her and welcomed her. He told her if she ever needed anything at all that he would be there for her. He even offered his personal cell phone number to her, which she reluctantly excepted.

Once she was gone he informed his co-workers to treat her right. He explained to them that he was going to take a personal interest in making sure she got taken care of properly.

The next day when she arrived to pick up the parts for delivery Mr. Doe stopped her in the back this time and told her how good she looked in her uniform. She gave him a brief half smile and a very weak thank you.

When she tried to step around him he put his arm up and said I don't think you understand, I am here to help you if you let me. She said great and pushed her way through and left to make her delivery.

While she was gone Mr. Doe was telling everyone that Ms. Hill had a thing for him. He went on to say that when you got it, you just got it. He was telling them that he hoped his wife didn't hear about this because that would be trouble for everyone.

Later on that day when Ms. Hill returned to pick up more parts for deliver, Mr. Doe started referring to her as Babe. At one point he put his arm around her on her shoulder as she was attempting to go around him, and said control yourself Babe, were at work right now. She pushed his arm off and said get real. He responded by saying you know you want some of this. She didn't respond and walked out.

The next day she requested a transfer from her supervisor. She explained why she wanted to transfer; however, he refused to make it.

She quit on the stop.

Do you think there is cause for any type of EEOC claim?

What would you do if you were Ms. Hill's Manager?

Does the above example fit into the below prohibited behavior?

The below list is not a complete definition of discrimination, harassment or hostile environment, but should give you some information to use for discussion on the examples of discrimination stories.

Under Title VII, the ADEA, and the ADA, it is against the law to discriminate in any way in the employment process based on race, color, religion, sex, or national origin, disability, or age, to include:

- Recruiting and Termination Hiring - Assignments - Transfers - Compensation or Pay Promotions - Layoffs or Recalls - Classifications of Employees- Testing- Use of Facilities- Fringe Benefits - Training - Retirements Plans - Disability Leave - And any Other Terms or Conditions of Employment

Under the above stated laws the following discriminatory practices are also illegal:

Retaliation against someone for filing a claim of discrimination, or providing information for or participating in an investigation, or opposing discriminatory practices.

Any form of harassment based on race, color, religion, sex, national origin, disability, or age.

Any decisions based on assumptions or stereotypes about the traits or abilities based on race, color, religion, sex, national origin, disability, or age.

Not allowing employment opportunities to anyone because they are the spouse of, or are associate with someone of a particular race, religion, national origin, or someone with a disability.

This includes discriminating against them for participating in schools or places of worship that are associated with a particular ethnic, racial or religious group.

Discriminating against someone because of their ancestry, culture, birthplace, or linguistic characteristics to a specific ethnic group.

English only rules may violate the law unless the employer is able to show it is necessary to conduct business.

Employers are required to reasonably accommodate the religious belief of an employee or potential employee, unless it would cause undue hardship.

Also illegal are unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

A hostile work environment can be defined as harassment based on race, color, religion, sex, national origin, disability, or age that unreasonably interferes with an individuals work performance or creates an intimidating, hostile or offensive working environment. Furthermore, no tangible job benefit need be affected, the frequency and severity of conduct is an issue, and is determined by the reasonable person standard, and can be committed by anyone including non-employees.

Pregnancy and/or childbirth and other related medical conditions must be treated in the same way as other temporary illnesses or medical conditions.

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