[COLUMN] Protecting against harassment and hostile work environment —

Q: I have a great employment record for this company that I have worked with for over 10 years. My employer recently hired another employee whose behavior made me feel uncomfortable. He would often come up to me while I was eating lunch and show me photos of their phones that were inappropriate or tell me off-color stories. I told him that I did not want to see these photos and hear these jokes. I was shown a photo of a gun that they had once owned. I’ve seen this coworker shout at another coworker while using profanities. I often nap in my car during lunch breaks. I caught this coworker trying to take photos while I was napping. I do not want them to be reported and they have a gun. These incidents are causing me serious distress. Is there anything I could do?

A: Yes. You can start documenting. When my office receives calls or inquiries about harassment, retaliation and discrimination, the only thing I wish I could to do is go back in history and tell the employee to start documenting. I mean to start documenting by taking down notes and keeping track of what happened. Why? Harassment, retaliation and discrimination are all part of the beginning. These are not issues. An employee might not be able to understand why a supervisor or co-worker is acting in an offensive way. They might prefer to remain silent and not make the aggressor mad.

However, if there is any illegal conduct, it is in the best interest of the employee to raise an objection and keep a log of the events. It is possible for coworkers to be rude at work, but this does not constitute harassment or discrimination. However, if the rudeness escalates to target someone’s race, gender or disability, sexual orientation, and any other protected characteristic, it may lead to a hostile work environment.

Employees who are the victims of offensive, inappropriate, or disturbing conduct by their bosses or coworkers might find it helpful to take the following steps.

1. Keep a personal journal, recording the details of the event. You can write about your feelings and tell the other person to stop. This personal journal or notebook must be kept at home. You should not keep it in the office computer or in your desk drawer. These notes may not be available to you if things turn sour.
2. Gather as much evidence possible. Take screenshots of any photos or text that is not appropriate. Take photos of any writing or items. Take photos of any injuries you sustained and copies of your mental or medical records. Keep copies of emails and social media posts so you can access them from anywhere other than the office.
3. Note down all information about any witness who witnessed or heard the incident. Identify witnesses using their full names, company positions, and contact information. If you have witnesses who witnessed the same misconduct, be sure to get their contact information and names. These witnesses might be able later to provide additional information.
4. If the incidents escalate to a greater extent, notify your employer. First, ensure you have a copy of your employer’s anti-harassment/anti-discrimination policies. These policies can provide guidance on what steps to take to report misconduct or file complaints. According to company policy, you may be directed to contact your immediate supervisor, human resources, or a confidential hotline. In some cases, the co-worker or supervisor may report false information. Employees who fail to report or keep silent may be held responsible.
5. When notifying your employer, be professional. Be honest and direct, state the facts and refrain from using derogatory or name-calling language. If you have kept records, you can list dates, times, and examples of more serious incidents. Do not threaten. You can express your concerns about how these incidents impact workplace safety and work productivity.

Employees who experience hostile workplace environments/discrimination/retaliation may have had their feelings of safety and comfort and productivity adversely affected. They could suffer long-term psychological and physical consequences. They may lose their ability to work or become unemployed.

If the employee continues to engage in misconduct, or worse, if the employee is terminated, it is a smart move for the employee to seek the advice of an experienced employment counsel.

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The views, beliefs, and points of view expressed by the author are not necessarily those of the Asian Journal or its management, editorial board, or staff.

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C. Joe Sayas, Jr. welcomes all inquiries on this topic. All inquiries are confidential, and no cost. You can reach the office by calling (818) 291-0088, or visiting www.abc.org. www.joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.]

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