E. Nonsexual Harassment

All employers must take adequate steps so that no harassment, even if it is not sexual in nature, occurs within the company. Can an employee charge her psychiatric injuries to a supervisor's harassment? This depends. In one case, for example, an employee experienced constant "run-ins" with her supervisor. Matters between them took a bad turn one day when the worker, having completed all her work, was chatting with her co-workers. When the supervisor ordered her back to work, she told him she had nothing to do because the computer that generated assignments was not operating. The supervisor nevertheless demanded she begin working. When the employee insisted there was no work, the supervisor suspended her for the remainder of the working day and the following day.

When the employee returned to work, the supervisor began giving her work orders despite the fact that other co-workers received their work orders from a dispatcher. When she questioned this procedure, she was again suspended. The worker became hysterical and was rushed to a hospital, where she was given a tranquilizer. She remained under a doctor's care for over two months. Shortly after she returned to work, she was warned about munching on some food while working. When she told the supervisor not to interrupt her work, she was again suspended.

This time, the employee did not return for three months, during which time she was treated by a psychiatrist. She filed a claim for workers' compensation, seeking benefits for the two periods she was away from work. The company opposed her claim. During a hearing, the company stated that her case for benefits was built on malingering and exaggeration and that her job experiences involved only the normal give-and-take between employees and supervisors; a bit of criticism about not working was insufficient to produce the reaction the employee claimed she endured. The company also argued that the worker was blaming it for mental difficulties having nothing to do with the job.

The employee stated that even before the day the supervisor accused her of not working he had repeatedly singled her out for criticism and had taken an intense, irrational hatred to her. She argued that she was treated by a psychiatrist for anxiety and depression caused by the supervisor's harassment.

A Pennsylvania Court ruled that the employee's mental injuries were job-related and ordered that she receive workers' compensation. It stated that the employee's testimony was not limited to her belief that she was being harassed; she also described actual events such as being singled out by her supervisor and told to go back to work when her duties had been completed to the same extent as those of co-workers in the same vicinity. These events constituted abnormal working conditions as a matter of law. With the addition of medical evidence establishing that the abnormal working conditions caused the psychiatric injuries, the court found that the employee had established her case for benefits.

Counsel Comments:In some cases, work-related stress caused by on-the-job nonsexual harassment resulting in documented physical and mental injuries can give rise to a valid legal claim. Similarly, some claimants have successfully asserted that such conduct is a form of sex discrimination when the acts complained of were directed to them because of their gender. When the same treatment is not directed to males, a charge of disparate sex discrimination can be asserted.

Tip:It is often easier to win sex-related harassment cases since the law specifically authorizes claimants to collect damages for illegal acts and proof of physical or mental injuries is not necessary. For nonsexual harassing acts, you must prove the acts were so severe that they caused you harm. This is often difficult to do. In fact, the author is consulted by numerous female clients each year who request legal assistance as a result of nonsexual harassment (such as for verbal abuse from a supervisor). Sometimes, the author declines representation because the law does not ordinarily provide protection. In most situations, perhaps the best strategy is to discuss the problem with someone from personnel and request that the harassment stop. Many supervisors are cognizant of the potential causes of action arising from physical and mental distress claims and are instructed to avoid contributing to these problems where possible. You can also write the company a letter protesting such activity. If you do, however, you could be retaliated against (i.e., fired) for making a complaint because the law may not protect you in this area.

Confer with a lawyer if you are the victim of extensive nonsexual harassment to explore your options. The lawyer may advise you to consult a physician, take prescribed medication, or institute other steps without delay to prove the extent of your injuries and enforce a claim. For example, in another case, a workers' compensation claim was awarded to a female employee whose mental troubles arose because she was repeatedly singled out for public criticism; co-workers were not subjected to this treatment. The employee eventually developed a fear of going to work, which led to a disabling "panic disorder."