Hostile Environment

[UPSNewbie]

Oh it's one of my favorite words. So far I haven't gotten into any trouble over it.

Certainly mine too. Though I try to refrain here and other places.

 

[Sammie]

Long but thorough answer from the EEOC (Equal Employment Opportunity Commission).

Harassment

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.

Unlawful harassment may occur without economic injury to, or discharge of, the victim.

Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.

Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.

Employer Liability for Harassment

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.

 

[UpstateNYUPSer(Ret)]

You're right, it was both long and thorough and had absolutely nothing to do with the OP. The 2 employees in question were fired for an argument which was overheard by a supervisor. Based on what was presented, it would appear to me that termination was overkill. I think they should have been sent home for the night, allowed to cool off, and report a few minutes early for their next shift so that the issue could be discussed and hopefully resolved.

 

[dilligaf]

Come on Upstate, Fethrs asked for some thoughts. If Sammie hadn't thought of EEOC before me I would have posted it. It has everything to do with it.

It does sound like overkill but it doesn't mean there wasn't a hostile environment.

 

[UpstateNYUPSer(Ret)]

Come on Upstate, Fethrs asked for some thoughts. If Sammie hadn't thought of EEOC before me I would have posted it. It has everything to do with it.

Not really. Her post was about harassment, which this was not. This was simply 2 guys in each others' face and they should have been sent home, not fired. IMO.

 

[dilligaf]

I see where your heading. EEOC does still cover hostile work environment.

 

[UpstateNYUPSer(Ret)]

 

[dilligaf]

 

[badpal.]

JMO - Blowing off steam is better than going postal. Hearing swear words won't hurt you, the alternative because of bottled up stress may hurt you.

I totally agree there....just make sure it's in a suitable setting...

Oh it's one of my favorite words. So far I haven't gotten into any trouble over it.

It's one of my favorites too.

One of my regular PU accounts taped together 2- 5 foot long, 6-inch diameter plastic pipes. Then, they made bets on whether I would say:
A. What the eff.
B. Are you effing kidding me.
C. Who the eff is shipping that??

I walked in and said, "So, who's shipping the bong???"

They all yelled, "Noooooooooo!!!!!"

Then told me about the bet and we all laughed.

I told my preloader about it and he said that him and a couple of other preloaders make the same bets when I have really bizarre cuts or a really heavy, bulky load.

Seems that I am kind of predictable.

TB

I thought I was the only one who had that problem. I never really cuss in front of customers but at the center and in the truck are another story.

 

[soberups]

I've gotten 1 warning letter and 2 verbal warnings over the years regarding the friend-bomb. Best practice is to 'watch your mouth.'

TB

I sparingly employ the friend-bomb only as a weapon of last resort when I cannot get management to listen to me otherwise. It definately gets their attention and motivates them to act when I inform them just how many @#$%&&^@ service failures will result if they dont get me some help.

 

[trplnkl]

Not really. Her post was about harassment, which this was not. This was simply 2 guys in each others' face and they should have been sent home, not fired. IMO.

Yep, really.
Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

I find not where the post said the the situation had to involve management.
Two people in a heated argument can very well create a hostile environment. Not only for each other but for those around them. If I need to explain why, I will be glad to.

 

[trplnkl]

Sorry, UpState...didn't see your white flag.

 

[tieguy]

I do not have a copy of the ups policy book and I have not done my research yet with the contract, so apologies in advance. Is there language regarding being fired for creating a hostile environment? Apparantly a sup heard two guys arguing and they were both fired for that. Don't know the details, just want to get some thoughts on this.

I think we're getting too sensitive as a whole with this issue. We forget we're basically in a trucking industry full of a lot of committed people doing a superior job. When you have people that overall care about doing a good job as ours do then I think you can occasionally expect some flare ups. In the past the yelling was fine unless it went to physical fighting. Now we try to fire them if they raise thier voices.

 

[brownmonster]

I'm a pretty calm guy that can take alot of abuse but when I blow it ain't pretty. Seems to be more often lately. (the abuse and the blowing)

 

[dilligaf]

I think we're getting too sensitive as a whole with this issue. We forget we're basically in a trucking industry full of a lot of committed people doing a superior job. When you have people that overall care about doing a good job as ours do then I think you can occasionally expect some flare ups. In the past the yelling was fine unless it went to physical fighting. Now we try to fire them if they raise thier voices.

It's a sign of the times, Tie. With everyone going out and killing others over nothing, we have to get sensitive. We as a whole have to take seriously the hostility in the workplace because we don't know where or how far it's going to go.

 

[trplnkl]

geeeez, I don't know what to say, I agree with Dilli and Tie. We are getting way to sensitive, but on the other hand we are taking things was too serious.
Why can't we just Rodney King?

 

[fethrs]

What bothers me is that I don't know all the details about the incident, and I agree that we should not be subjected to a hostile work environment...BUT....everyone is so d#mn sensitive nowadays and what can offend one person doesn't bother another one. This lack of info in frustrating and I'm not even involved. That's a peace sign by the way, if you move the cursor over it before you click it on, a little box will be displayed with what the smilie is. (it does look like a smilie with a bunny and what's up with the shades?)

 

[soberups]

Long long ago I wound up in a shouting match with my supervisor. We were in each others faces, cussing and spitting and finger pointing etc. I dont even remember what it was about....but I do remember that the sup came by the tavern that night after work and we had a pitcher of beer together, watched a game on the TV and all was right with the world. Nowadays there would be harrassment lawsuits, mandatory sensitivity training, and a whole bunch of PC nonsense instead of two guys putting an argument behind them over a beer.

 

[stevetheupsguy]

Not sure. Do know I was threatend to be fired about 2 months into my career at UPS.

I was loading 3 cars. Was towrds then end of the shift. Sup sends me to another belt to finish loading a car. The car was messed up. nothing was in order and stuff piled, thrown, all over the place. I was there fo no more then 1 minute when the driver showed up.

Driver: "What the hell are you doing"
KOC: "hey bud, wasn't me, I was just sent......"
Cut off by Driver: "Get the friend off my truck"
KOC: "I was sent here by XXXX and this is how....."
Cut off by driver: "I said get the friend' off my truck"
KOC: "Just doing my job"

Driver comes back with 2 other drivers and says: "look how this a hole is loading my truck"
KOC: "Dude, I am trying to tell you that I didn't load the truck, and second I am not getting off of UPS's truck unless directed by MY sup"

Driver and I start argying even more when his on car sup came over
Oncar: "whats the problem"
Driver: " look how this fool loaded my truck"
KOC: " don't call me a fool you a'hole and maybe if you shut your friend'ing mouth and listen for a moment you will relaize I didn't load the damn truck!"
Oncar: "leave"
KOC: "I am just trying to do my job"
Oncar "is this worth getting fired over?"

I sucked my teeth and left.

Driver:

Lovely post, KOC, it was so vivid, all the way to the sucking of the teeth.

I think I will print this out and post it at work, there are sups and co-workers who cuss up a storm. It's unprofessional and unbecoming.

Be careful, lots of people may feel that you are pointing the finger at them. Just saying, sistah!

what did the driver say, did he ever realize you didn't load the truck and what about the guy that did, anyone say anything to him?

I think he told the end of the story, you'll find the rest on "The Lifetime Network"

One of my regular PU accounts taped together 2- 5 foot long, 6-inch diameter plastic pipes. Then, they made bets on whether I would say:
A. What the eff.
B. Are you effing kidding me.
C. Who the eff is shipping that??

I walked in and said, "So, who's shipping the bong???"

They all yelled, "Noooooooooo!!!!!"

Then told me about the bet and we all laughed.

I told my preloader about it and he said that him and a couple of other preloaders make the same bets when I have really bizarre cuts or a really heavy, bulky load.

Seems that I am kind of predictable.

TB

What the Eff, TB?

All terminations go to grievance and panel. They will probably get time served and back to work it is.

I don't think they are union employees, dilli.

Long long ago I wound up in a shouting match with my supervisor. We were in each others faces, cussing and spitting and finger pointing etc. I dont even remember what it was about....but I do remember that the sup came by the tavern that night after work and we had a pitcher of beer together, watched a game on the TV and all was right with the world. Nowadays there would be harrassment lawsuits, mandatory sensitivity training, and a whole bunch of PC nonsense instead of two guys putting an argument behind them over a beer.

Amen to that sober, those were the good old days. When I was younger, I was involved in plenty of fights, fist and mouths. They were all settled right there, no further repercussions, no revenge.

 

[SuperSup]

Long long ago I wound up in a shouting match with my supervisor. We were in each others faces, cussing and spitting and finger pointing etc. I dont even remember what it was about....but I do remember that the sup came by the tavern that night after work and we had a pitcher of beer together, watched a game on the TV and all was right with the world. Nowadays there would be harrassment lawsuits, mandatory sensitivity training, and a whole bunch of PC nonsense instead of two guys putting an argument behind them over a beer.

Let me take a wild stab at this; now you have a female manager who's only goal is moving up in the company, damn anybody else?