Harassment vs. disparate treatment

When someone says: "I am harassed by my supervisor," he or she usually means disparate treatments in the terms and conditions of her employment. The claim should be stated as such, not as harassment claim. However, sometimes or when in doubt, you can claim both: harassment and disparate treatment in the terms and condition of employment.

The following are examples of the disparate treatment in the terms and conditions of employment:

• Excessive or more supervision on you than on others.
• Greater demand on you than on others.
• Requiring you to provide documentation for sick leave while not requiring the same for others. (Note that this is not the same as the denied sick leave claim.)
• Delaying the bonus, extra pay, or overtime pay on you while others are paid on time. (Note that this is not the same as the denied bonus, extra pay, or overtime pay claim.)
• Other subtle treatments that are difficult to quantify or to show on records such as threat to terminate, verbal or informal citations or counseling, telling you not to walk around or move your arms (to exercise) too much when others are allowed, etc.

It is better to state the specific acts of harm (as above) than to claim generally alleging harassment, unfair treatment, or discrimination. If you claim latter, your claims may be rejected on the ground of "failure to state the claim."

The following examples are incidents of harassment:

• Yelling, belittling, or cursing.
• Pushing, pulling, or hitting.
• Threatening or intimidating verbally or physically.

You must show that others are not yelled at, belittled, or threatened, etc.

Click the button below for more information on sexual harassment.

Harassment and disparate treatment in the terms and conditions of employment are usually deployed by the supervisor to force the employee either to fail or to resign. A forced resignation or forced retirement is an actionable claim involving constructive discharge.