Workplace harassment has a specific legal definition and guidelines. However, disrespect and insensitivity in a Texas workplace can easily bleed over into even more damaging and troubling behaviors. Many human resources professionals emphasize the importance of building a positive culture of kindness and support in the workplace, not only to avoid harassment but also for the benefits it provides to the entire office.
Texas workers who are currently embroiled in an employment discrimination case or who are considering filing a discrimination complaint against an employer should know that a factor that is likely to be considered in their case is the employer's treatment of other similarly situated employees. They should also be aware that the definition of a similarly situated employee will vary depending on the type of legal claim made and the federal court in the case is filed.
Some Texas employees may face so much discrimination or harassment at work that they have little choice but to resign. It may then be possible for these employees to take their employers to court on what is known as a "constructive discharge" " claim. However, it might be difficult to prove, and it requires a higher level of harassment or discrimination than what is required to establish a hostile work environment.
The workplace can be a complicated environment, involving people from a wide variety of backgrounds and even different expectations regarding what constitutes professionalism.
Whether you are an employer, employee or contractor, it is vital to know the difference between employee and independent contractor classifications.