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?
