The boundary lines separating what is not actionable versus what is impermissible employment discrimination have continued to shift and evolve. Regarding a strongly pro-employee ruling a California court entered in 2016 interpreting that state’s employment discrimination statute, one author wrote that the new opinion was a warning to employers: don’t be a jerk. (The author used a word similar to jerk, but a little stronger.) In Tennessee, however, it is important to understand that the law is different here, and the mere fact, by itself, that a supervisory employee acts like a jerk or a bully or is generally extremely difficult may not necessarily be a winning case for the supervisor’s subordinate employee. An experienced Tennessee hostile work environment lawyer can help you, whether you’re an employer or employee, analyze your case and plot a smart path for you in these and other potential hostile work environment situations.
A recent decision handed down by the Sixth Circuit Court of Appeals highlights how this type of scenario can play out. The case centered on the conduct of a county prosecutor in rural southern Ohio. The prosecutor, allegedly motivated by a seminar he attended, decided he needed to take action to improve the level of professionalism within his office. Some of the measures he took were ones many workplaces utilize, such as the establishment of a dress code and the usage of a time-clock.
Other alleged behaviors and decisions were more…unique. Allegedly, the prosecutor entered a work area and loudly popped a large piece of bubble-wrap with the specific intention of startling and frightening the female employees. There was also the day the prosecutor allegedly appeared in the doorway of an office area holding an AR-15 rifle and called out, “Don’t worry. I’m not that mad.”