Re: "Hostile work environment" created by employee?

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On 8/11/06, Wendy wrote:
> I work for a large food service company. I manage a small
> account for my company and have 6 employees. I was
> recently (last 6 months) transferred to a new account,
> where from day one, I have had performance and hostility
> issues with one employee. This employee is black and has
> made claims (both through a law suit and through company
> HR) that I have harrassed him due to his race. This is
> untrue and in the meantime he has made several
> intimidating gestures (getting in my face and yelling at
> me) towards myself and other employees. I am a woman,
> which he has said that he has an issue with (me being his
> boss) and he has made several remarks to other employees
> and client personnel about my sexual orientation. The last
> time he physically intimidated me I left the building,
> phoned HR and filed a police report. He was suspended by
> the company (with pay) and will probably return. I am
> afraid, but due to his looming law suit, the company does
> not want to go any further. Do I have any recourse since
> the company refuses to protect me on this? I have asked
> for one of us to be transferred with no response.

Your employer has very little responsibility for your
physical safety in a situation like this. He hasn't
actually become physically violent or made a specific threat
to do so, consequently there's no reason to presume he will
harm you, even if he continues to be a world-class jerk.

Your employer's problem in dealing with his behavior is
indeed the pending discrimination complaint/suit. Legally,
the situation is a landmine for your employer as this
individual is going to amend his existing complaints to
include unlawful retaliation if they take any action against
him for his behavior.

I sympathize with your predicament and your employer as
well - they are between a rock and a hardplace as this
employee is working the system quite expertly to his
advantage. I imagine your employer is just itching to
discharge this guy but it would be legally foolish to do
so. I hope your employer is working with an employment law
attorney on the entire situation; if so, they may well have
developed a strategy on how they're going to handle things
and just can't pull the plug yet.

I do suggest you return to HR, GM, etc. and repeat your
request that you be transferred. That would likely be a
smart thing for the company to do.