Explore BrainMass

Explore BrainMass

    Question 1 / Law

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    An employer makes an employees life miserable, as a result the employee feels that he/she can no longer tolerate the working conditions at the job therefore the employee quits. Is this an actionable employment claim? If so why and what is it? If not, then what elements are lacking?

    © BrainMass Inc. brainmass.com October 9, 2019, 5:27 pm ad1c9bdddf

    Solution Preview

    On the basis of Shaver v. Independent Stave Company judgment it emerges that an employer making life miserable is an actionable employment claim. However, the employee must be able to establish that the harassment was severe enough to affect the terms, conditions, or privileges of his or her employment.
    Shaver v. Independent Stave Co., 350 F.3d 716 (8th Qr. 2003).
    The Eighth Circuit Court of Appeals held that a hostile work environment claim is actionable under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.
    Here, a fired timber mill employee who suffered from epilepsy sued his former employer under the ADA, alleging, among other claims, that the mill had been a hostile work environment. A trial court granted ...