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 16, 2018, 5:34 pm ad1c9bdddf
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 ...
Questions about employment laws are answered.
1) Under what circumstances is it legal, advisable, and/or ethical to engage in the following practices:
a) Require pre-offer medical examinations of some applicants and not others?
b) Require post-offer, pre-employment medical examinations of some applicants and not others?
c) Retain information generated by medical and pre-employment testing in each applicant's general personnel file?
2) Does the NLRB provide an appropriate mechanism for union action oversight? Why or why not?
3) Are the rights of white males protected under affirmative action? Why or why not?
4) Does affirmative action require meeting of quotas? Why or why not?
5) Is it appropriate to conduct a pre-employment physical? If so, when?
6) How can employers ensure that their performance evaluation process is non-discriminatory?View Full Posting Details