Thursday, April 26, 2012

Employees can do little about a hostile work environment.

by Mona Shaw


If things were that bad, why didn’t they….



There is a misconception being spread in the Johnson County Auditor’s race that county employees have “plenty of options” to address a hostile work environment.  (It is generally accepted that a hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser.)  In truth, their options are few.  In fact, they have no institutional option that can require a supervisor who is an elected official to treat them with dignity.

Among the options some believe exist are:


Report it to a state or federal agency.

There are no federal or state protections against a hostile work environment unless the hostility is driven by discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability.  Federal, state, county or municipal agencies can do nothing if the abuse is not based on the victim’s status as a member of a protected class.  Neither Iowa Workforce, the National Labor Relations Board (NLRB), nor the Iowa Civil Rights Commission has the power to address a hostile work environment.  Occupational Safety and Health Administration (OSHA) only accepts complaints if the working condition presents immediate physical danger and does not accept hostile workplace complaints.

Further Iowa is a right-to-work state, which means employees can be fired for any reason or no reason, and there is nothing the employee can do about it. 


File a union grievance.

Employees cannot file a union grievance about a hostile work environment.  Union members can only grieve issues that are specifically stated in their bargaining contract.  IUPAT (International Union of Painters and Allied Trades), Local 2003 contract does not include workplace conditions of any kind.  The Contract did not include discharge or discipline for several years and was added in 2005, accounting for the spate of Auditor grievances for unfair discipline after that time. 

Filing a grievance is a daunting process.  E.g.  Grievances against the Auditor must go through two appeals before they are heard by the Board of Supervisors.  Employees cannot use work time to prepare a grievance.  Employees who need FOIA evidence are charged hefty “administrative” fees for information generally given free to the public.  (Amounts have ranged from $5-1500.)  Grievances are dismissed if an employee discusses their grievance with anyone while at work.

Filing a grievance almost always leads to retaliation.  I.e. nearly every grievant is given formal discipline for something very soon after filing.  The employee can grieve that discipline as well, and some do.  However, the employee will be caught in an endless grievance loop until the employee gives up.  Not to mention being away from work duties to attend grievance hearings puts the employee behind and leaves that employee open to more discipline as well.

Deputy Auditors are not covered by the union contract and cannot file a union grievance about anything.

The County does provide a provision for grieving bullying in the workplace outside the union contract for any employee.  The process is complex to the degree that it is advisable to retain legal counsel to pursue it.  A few have attempted this process to see them dismissed on technicalities before there is a hearing.  Attempts at these grievances have always been followed by formal discipline and bullying.  Deputy auditors are aware they will be fired if they file such a grievance.


File a law suit.

It is theoretically possible to sue for damages caused by a hostile work environment or retaliation for whistle-blowing.  Attorney retainers have been quoted as high as $10,000 for those exploring this.  Even if an employee has access to these resources, the process is grueling and takes months if not years.  Even if the employee prevails and wins damages, even this cannot force the employer to stop the abuse.

Since elected officials report only to the electorate, they cannot be replaced for this by a superior.  Only the voters can do this, so the employer is free to maintain a hostile work environment as long he is re-elected.

A public official can be removed from office by the court for:
   1.  For willful or habitual neglect or refusal to perform the duties of the office.
   2.  For willful misconduct or maladministration in office.
   3.  For corruption.
   4.  For extortion.
   5.  Upon conviction of a felony.
   6.  For intoxication, or upon conviction of being intoxicated.
   7.  Upon conviction of violating the provisions of chapter 68A.


It is arguable whether a judge would agree that a hostile work environment meets any of these criteria.


Persuade the electorate by going public.

An employee who attempts to persuade the public to vote against a public official by going public with the problem pays a very high price.  The employee will endure public scorn and often slander.  Moreover, doing so is a near-guarantee to destroy one’s future employability.  The employee will have poisoned their resume as being a “trouble-maker” or at the very least “controversial.”  There is no law suit that can force a prospective employer to hire someone so branded.  It is unreasonable to expect people who need employment income to take this risk.



Quit and find another job.
This is the only real option a Johnson County employee has to be free of a hostile work environment. (The employee who quits may also filed for and win workman's compensation if they prove the work environment disabled their abillity to function on the job.)
Fourteen deputies alone have left the Johnson County Auditor's Office over the past nine years.  Most of them left without having another job.  A reasonable person would wonder just how bad things must be for someone to let go of a $60,000-plus salary in these hard economic times.  It's wrong that our laws and labor protections provide no other choice.

___________
Related Links.
Hostile Work Environment: Why Human Resources Doesn't Care about You
Understanding Hostile Work Envirnoments and Remedies
What is illegal mistreatment at work?

5 comments:

mariaconz said...

People should be able to fight "city hall," but as many of us know to our sorrow, it's difficult. That's why I have such enormous respect for Mona Shaw and Nathan Reckman.

Anonymous said...

Who enforces hostile work environment? EEOC, USDOL. NLRB, OSHA? Who else?

Lessons in Moral Courage said...
This comment has been removed by the author.
Lessons in Moral Courage said...

Anonymous,
None of these agencies have any protections for a hostile work environment, save the EEOC, there it is limited. The mistreatment must be based on sex, race, religion, and other protected classes listed in the Civil Rights Act. If your boss want to scream in your face several times a day that you're worthless and stupid just because he likes to do that to all workers, there's nothing you can do about it unless your union contract is very specific about it.

iDeal HR Service said...

Inspirational and informative post!! Keep updating on your blogs!
Human Resource Consultant in Hosur | Industrial Employees Relations Consultant