Single incidences of harassment are hard to prove a discrimination from a hostile work environment, unless it was horrendous and graphic in nature.
Raising your voice can be intimidating
The AJ concluded that complainant had not shown “ongoing harassment” in issue 2 because the single incident where complainant’s supervisor yelled at him was insufficiently severe or pervasive to create an abusive environment.
The AJ also found that complainant had not shown retaliation in issue 2 because he had not suffered any adverse action as a result of the incident. Therefore, the AJ concluded that complainant had not been discriminated against as a result of his national origin, color or reprisal when his supervisor told him he was incompetent.
So Bullying is ok by the agency?
The agency’s final decision adopted in its entirety the AJ’s Findings and Conclusions, and it represented that it had fully implemented the corrective action ordered by the AJ.
On appeal, complainant contended that the AJ erred when he did not award a larger amount in compensatory damages and when he did not find ongoing harassment in connection with the yelling incident.
The complainant argued that in his consideration of the severity of the harm suffered, the AJ improperly disregarded complainant’s testimony that he sought counseling from his Indian doctor because complainant would not disclose the name of the doctor at the hearing, claiming that it conflicted with his religious beliefs to do so. He also argued that the AJ had erred in not considering the history of the relationship between the complainant and his supervisor when he determined that the yelling incident was not ongoing harassment of the complainant. The agency requested that we affirm the Findings and Conclusions of the AJ and its final decision.
Suggestions to improve conditions?
While I or anyone in this position would be unable to continue working for this supervisor in this hostile work environment, perhaps he could have asked to be transferred to a different department, or changed his schedule so as not to come in contact with the discriminating supervisor. The complainant may not have shown an ongoing harassment, but he certainly described a hostile work environment with a bully supervisor.
