What to do if my employer is ignoring complaints made against a supervisor?

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What to do if my employer is ignoring complaints made against a supervisor?

Myself and about 8 other workers have made complaints to HR against 1 particular supervisor.

To date, nothing has been done. All complaints are going unheard. Can I file a charge with the EEOC?

Asked on March 7, 2019 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that workers need not be treated fairly or even professionally. That is unless their lesser treatement is due to some form of legally actionable discrimination (i.e. is based on age (over 40), nationality, gender, disability, race or religion). Accordingly, if such discrimination does not play a factor in as to why the complaints were lodged, then you and your co-workers have no claim. As at will employees, your employer can set the conditions of the workplace much as it sees fit. Your only protection here would be if your treatment violates the terms of a union agreement or employment contract.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the complaint is for discrimination or harassment based on employee race, color, national origin, ethnicity, religion, age 40 or over, disability, or sex, then if the employer is ignoring those complaints, that would be illegal discrimination and you could file a complaint with the EEOC. But if the complaints are not about harassment or mistreatment based on one of the above factors, the employer may ignore them and you have no recourse: except for prohibiting those few specific kinds of discrimination, the law does not require supervisors to be fair, courteous, professional, etc. Rather, a supervisor can mistreat employees as much as he or she wants (that is part of "employment at will": you have no right to a job or fair treatment at work) and the employees have no recourse but to seek a different job.


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