Roumel Law 2026-05-26T16:23:31Z https://www.roumel-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1503882/2024/01/cropped-roumel-law-site-icon-1-32x32.jpg On Behalf of Roumel Law <![CDATA[How to Prove Workplace Retaliation in Michigan]]> https://www.roumel-law.com/?p=46753 2026-05-26T16:17:58Z 2026-05-26T16:17:58Z Reporting discrimination, sexual harassment and other illegal workplace behavior to managers or Human Resources personnel can be extremely difficult.  Too many people put up with these things, try to deal with the perpetrators on their own or leave their jobs rather than reporting the behavior. This is especially true when the perpetrator is someone to whom they report – or further up in the company. One fear of many employees – and, unfortunately, a reasonable one – is that even if the discrimination or harassment stops, they’ll face retaliation for speaking out. That retaliation can potentially be worse than the original wrongdoing and can threaten a person’s job or even their career. Sometimes, employers engage in retaliation simply because someone wants to exercise their legal rights. For example, maybe they simply asked for medical or family leave, filed a workers’ compensation claim or insisted on lactation breaks as a new mother.

Signs of retaliation

Retaliation can also be difficult to prove. It’s rare that a boss says, “I’m going to demote you because you reported my sexual advances to HR.” There are three primary types of retaliation an employee may experience:
  • Hostile work environment: It’s hard to do your job if your boss suddenly stops speaking to you, leaves you out of meetings or lets others “ghost” you on everything from business-related to birthday party emails.
  • Increased and unjustified disciplinary actions: Maybe your boss starts writing you up every time you come in one minute after 8 a.m. (even though you put in far more than 40 hours a week). Maybe they give you assignments but won’t answer your questions or discuss your concerns, so you feel like you’re being set up for failure. This can lead to negative performance reviews and ultimately termination.
  • Other negative actions: It’s not unusual for managers to retaliate by putting employees on a different shift, even though it means they have to arrange for childcare or, if they have the authority, transferring them to a different job or department with lower pay and less responsibility.

What does Michigan law say about retaliation?

Retaliation is, in itself, illegal under state and federal law. Michigan law states in part, “An employee who believes they have been discharged, disciplined, or otherwise experienced a detrimental change in their employment status due to filing a complaint, participating in an investigation, or having raised concerns with their payment of wages and fringe benefits…” can file a complaint with the state within “90 days after the believed retaliatory act.” You can and should report retaliation within your workplace. If you don’t have an HR department, however, there may be no one to report it to who isn’t part of the problem. Whatever the situation, if you can’t resolve the matter with your employer, it’s smart to get the right legal guidance as early as possible. This can help you determine the best way forward for you.]]> On Behalf of Roumel Law <![CDATA[Which Michigan laws protect your rights as an employee with disabilities?]]> https://www.roumel-law.com/?p=46658 2026-02-12T20:08:43Z 2026-02-12T20:08:43Z Recognizing unfair treatment in the workplace Discrimination does not always look like a termination letter. Sometimes it happens quietly, due to a lack of support or missed opportunities. In Michigan, legal protections are triggered when employers:
  • Refuse reasonable accommodations, such as modified schedules or specialized equipment, that help you do your job.
  • Pass you over for promotions, including being denied advancement despite your qualifications and experience.
  • Allow a hostile environment that permits coworkers or supervisors to engage in harassment based on your disability.
  • Retaliation for seeking accommodations or making a good-faith complaint of discrimination.
In Michigan, it is vital to know that the law requires you to notify your employer of your need for accommodation in writing within 182 days of knowing you need help. If you don't meet this deadline, you may lose your right to pursue a claim under state law.

Protections for your career and dignity

Both federal and state laws shield Michigan workers, though they apply differently depending on the size of your company. The federal Americans with Disabilities Act (ADA) generally applies to businesses with 15 or more employees. It requires employers to engage in an "interactive process" to find solutions that allow you to work effectively. Michigan workers have additional protection under the Persons with Disabilities Civil Rights Act. Unlike federal law, the PWDCRA covers almost all Michigan employers, even those with only one employee. The state law ensures that your disability does not disqualify you from earning a living, provided your condition does not prevent you from performing the essential duties of your job.

Take control of your professional future

While Michigan is an "at-will" employment state, that is not a license for companies to ignore your civil rights. You can protect yourself by creating a clear record of your interactions, including:
  • Document everything: Keep a log of dates, times, and people involved in any unfair incidents or meetings.
  • Written requests: Always submit accommodation requests in writing to ensure you meet Michigan’s strict 182-day notice requirement.
  • Keep copies: Save copies of every email or letter you send to HR or management for your own personal files.
A strong paper trail makes it much harder for a company to deny your experience later. These simple steps build the foundation you need to hold an employer accountable and protect your career. Enforcing civil rights laws requires a steady hand. A skilled discrimination attorney ensures your voice is heard and holds employers to the standards set by the ADA and PWDCRA. You do not have to face a difficult employer alone; professional guidance can help you secure the respect you deserve.]]> On Behalf of Roumel Law <![CDATA[Which Michigan laws protect you and your rights as a pregnant employee?]]> https://www.roumel-law.com/?p=46656 2025-11-25T22:03:59Z 2025-12-02T02:24:43Z Pregnancy should never cost someone their livelihood, yet many workers still worry that it might. In Michigan, both state and federal laws protect pregnant employees from unfair treatment. Major new federal regulations that took effect in 2024 provide employees with more rights than ever before.

How does Michigan’s ELCRA protect pregnant employees?

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) bars employers from firing or mistreating someone because they are pregnant. The law treats pregnancy discrimination as a form of sex discrimination. As a result, employers cannot base job decisions on assumptions about ability, safety or future leave needs. The ELCRA also requires equal treatment. If an employer offers light duty or modified work to other employees with physical needs, it must offer the same flexibility to pregnant workers.

How the federal Pregnant Workers Fairness Act expands protections

The federal Pregnant Workers Fairness Act (PWFA) adds even broader protections for people who are pregnant at work. On April 15, 2024, the EEOC issued final regulations that took effect June 18, 2024. These rules dramatically expand the accommodations employers must provide during and after pregnancy. Under the PWFA, employers must offer reasonable workplace accommodations to workers who are pregnant. The new regulations define these terms broadly and require flexibility in many situations.

Examples of required accommodations for pregnant workers

The PWFA lists many types of reasonable accommodations. Some go far beyond what employers previously expected to provide. Common examples include:
  • Extra or longer breaks to eat, rest or drink water
  • Permission to carry food or water
  • Modified workstations or seating options
  • Schedule changes or later start times
  • Temporary reassignment
  • Leave for medical appointments
  • Light duty or help with lifting
  • Time off to recover from childbirth
Additionally, the rule allows temporary suspension of an essential job function if the employee can perform that function again in the near future.

Limits on the documents an employer can request to justify the job modifications

Now that the new regulations are in place, employers must also follow strict limits on documentation requests. The rule forbids requests for medical proof when:
  • The need for accommodation is obvious
  • The employer already has enough information
  • The worker seeks one of four “predictable assessments” like extra bathroom breaks
  • The worker is lactating and needs time or space to pump
  • The accommodation is one offered to other employees
These limits prevent employers from imposing unnecessary hurdles. Overall, Michigan employers cannot fire a pregnant worker for pregnancy or related conditions and pregnant workers have rights at work to accommodations during pregnancy and after birth. With both the Michigan state law and the expanded federal regulations, pregnant employees have stronger protections and clearer rights than ever.]]> On Behalf of Roumel Law <![CDATA[Essential guide to Michigan severance packages]]> https://www.roumel-law.com/?p=46654 2025-11-17T20:48:02Z 2025-11-17T20:48:02Z Most employees in Michigan are considered to be “at will”, meaning they can be terminated at the will of the employer. For these employees, there is no legal obligation to offer a severance. So why do employers sometimes present a severance package to an employee they have just fired?

Which common circumstances do Michigan employers offer severance packages?

There are three common reasons employers may offer a severance package to their terminated employee.

Goodwill to employee

The first is goodwill. An employer may wish to help soften the blow of sudden employment to a valued, long-term employee, especially if there are no serious performance issues or misconduct, or where the termination is the result of a restructuring, merger, or other corporate decision. Essentially, it’s a way to convey, “We don’t have to do this, but thank you for your service.”

Legality of the employees’ termination

The second is because the employer recognizes that the employee may have a legal claim. When there is strong evidence of discrimination, illegal harassment, whistleblowing, or retaliation for protected activity, an employer may present a severance offer to minimize its legal exposure. 

Performance based termination

The third, and perhaps the most common, is when an employee is terminated for performance, for cause, or just being a bad fit. In such cases there may be no viable legal claim, but the employer is still willing to offer a severance so they don’t see the employee in their “rear view mirror,” so to speak, occupying their time and resources dealing with a suspect claim. At the same time, there may be an element of goodwill in offering severance to help such employees cope with the loss of their job.

Are severance offers negotiable in Michigan?

When you receive any type of severance offer, you should contact an attorney. Negotiating severance packages is a particular specialty of [nap_names id="FIRM-NAME-1"]. When we consult with an employee who has been presented with a severance package, we generally do the following: 
  1. Gain a thorough understanding of your employment history, leaving no stone unturned to determine if you have potential legal claims. 
  2. Review the severance proposal and make sure you understand what each provision means – not only what is in the proposal, but what is not and perhaps should be included, or made mutual.
  3. Understanding common provisions such as preambles, waiver of claims, non-disparagement, reference, and confidentiality.
  4. Reviewing the consideration or compensation offered, whether in payroll continuation, lump sum payment, benefits continuation, entitlement to future bonuses or commissions, stock options or other investment units, and whether “vesting” of unripe units may be accelerated.
  5. Determining whether “onboarding” agreements you may have signed are still enforceable after you sign a severance agreement, such as confidentiality, non-compete, and non-solicitation provisions.
  6. Advising how to explain the job loss in applications and in job interviews.
  7. Whether, and when, you may be eligible for unemployment compensation.
  8. Negotiating points, and options going forward including whether to negotiate, accept, or reject, and consider litigation.
If you hire [nap_names id="FIRM-NAME-1"] to negotiate your severance agreement, we will reach out to the appropriate contact, whether Human Resources, in-house counsel, or an outside attorney. Since severance proposals typically advise you to obtain an attorney’s advice before you sign, there is no reason why the employer will be offended or hold it against you that you’ve hired counsel.

In what ways can an employer respond to severance package negotiations?

All types of severance offers are negotiable, to some degree, but we can never predict the employer’s willingness to engage in discussion. Generally, three things can happen.
  • The employer will say, “this is our offer, take it or leave it.”
  • The employer may be willing to negotiate non-economic terms, such as language issues, but be resistant to changing the economic package. 
  • The employer may be willing to negotiate both economic and non-economic terms. This is most likely where an employee has a meritorious legal claim.
There is a fourth possibility that is extremely rare and we have not yet encountered it, but that is where an employer withdraws or reduces the severance offer after you attempt to negotiate. We view that as potentially illegal retaliation for your exercise of legal rights, but some attorneys report this has happened. Nonetheless, we believe that the benefits of seeking to negotiate a severance package can be significant, and far outweigh not doing so. Moreover, the entire process can be concluded in a matter of weeks. When you contact [nap_names id="FIRM-NAME-1"], we can schedule a consultation to review your severance proposal and outline your options as explained above. If you hire us beyond that to negotiate, we offer flexible retainers, including contingency agreements of the amount we obtain over and above your severance offer. We believe that hiring [nap_names id="FIRM-NAME-1"] will be an investment in your future, rather than an expenditure that you can’t afford.  If you have experienced the loss of your job and been presented with a severance package or severance proposal, we look forward to being part of your support system, and to helping you minimize the economic impact of your loss of income, and minimizing the harm to your career.]]> On Behalf of Roumel Law <![CDATA[Is a university legally responsible when coaches or professors groom students?]]> https://www.roumel-law.com/?p=46521 2025-01-15T00:36:02Z 2025-01-15T04:17:38Z Coaches play an important role at modern universities. Many of the most successful colleges in Michigan, including the University of Michigan and Michigan State University (MSU), have major athletic programs. They employ dozens of professors, coaches and support professionals.  Most of those professionals do their jobs well. They want to encourage physical fitness and mental excellence. They pursue their jobs out of passion for a particular educational subject or sport. Unfortunately, there are some people drawn to positions of authority out of a desire to abuse others. Sexual predators often seek out careers in the educational sector.  Being an instructor or coaching gives them intimate access to students. Is a college or university legally responsible if coaches or professors groom students? 

Students have legal protection against sexual abuse

Under Title IX, students generally have protection from sexual discrimination and harassment. Those protections do not just relate to other students. They also protect students from misconduct by university employees.  Those in positions of authority should not use their careers to manipulate or coerce students into sexual acts or relationships. Professors or coaches who groom students violate Title IX and Michigan state civil rights law. They take advantage of those who trust them for personal gratification.  Colleges must respond proactively to student complaints. The law requires an investigation when students make credible allegations of sexual misconduct. In fact, colleges have to provide support to students who experience sexual assault and harassment on campus.  They generally have the right to counseling services. The affected students can ask to change the classes they take or their housing arrangements. Students typically also have the right to notify law enforcement. Colleges cannot demand that students bypass legal prosecution to handle the matter on campus.  Athletic scenarios can be a bit more complex, as financial aid may depend on the students' continued involvement with the program. That being said, the college should make every reasonable effort to investigate and protect students from ongoing abuses of authority.  Particularly in scenarios where the university does not properly investigate, attempts to hide the misconduct or fails to support the student, there may be grounds for legal action. The recent lawsuits brought against MSU by those abused by Larry Nassar serve as an example of how the civil courts can help those who experience Title IX violations.  Discussing the grooming behavior of a college professor or coach can help students and their parents determine their options. They may need to file a lawsuit and pursue the prosecution of the professional engaged in sexual harassment and inappropriate conduct toward student athletes. What are your remedies if you or a loved one is harmed by the grooming behavior of a coach or professor? Unfortunately, the U.S. Supreme Court decided in Cummings v. Premier Rehab Keller, P.L.L.C. that emotional distress damages are not available under Title IX. Experienced attorneys like those at [nap_names id="FIRM-NAME-1"] have otherwise been successful in advancing other claims that do provide survivors with appropriate damages, against both public and private schools.]]> On Behalf of Roumel Law <![CDATA[Addressing Michigan police brutality without body camera footage]]> https://www.roumel-law.com/?p=46522 2025-01-15T00:37:08Z 2025-01-08T03:54:55Z Numerous rules restrict the conduct of police officers. They generally need to try to resolve matters without using force whenever possible. In fact, even if force is necessary, they should use the least amount of force they realistically can without endangering themselves or others.  Unfortunately for those who must interact with police officers in Michigan, some officers become inappropriately aggressive toward members of the general public. Injured people may claim that they experienced police brutality. Some police brutality cases are straightforward. There is footage available from body cameras that can show that the officer behaved inappropriately.  Currently, Michigan does not mandate that police officers wear body cameras at all times. While some jurisdictions have adopted rules about worn cameras, their use is sporadic at best. What can those injured by police officers do if they assert that they experienced excessive force or police brutality but there is no body camera footage to review? 

Look for alternate forms of evidence

The sooner people who experience police brutality or excessive force take action, the better their chances of finding compelling evidence. There may have been witnesses present who saw the police officer escalate the situation unnecessarily. People may have recorded the incident on their phones. There might even be camera footage from nearby businesses with security systems.  Forensic evidence could also be available. There are typically physical injuries left behind after cases involving excessive force. Medical records, including expert testimony, can go a long way toward establishing that police officers became inappropriately aggressive toward someone while questioning them or attempting to take them into custody. Sometimes the very fact that officers turned off their body cams at "just the right time" can be compelling evidence of guilty conduct.

Secure help early

Holding a police officer and the department that employs them accountable for excessive force or police brutality is a complex process. Technically, individuals generally have the right to file a civil rights complaint. They can also seek injunctive relief. Occasionally, more serious violations of an individual's rights may even lead to an investigation by the United States Department of Justice after the victim files a complaint.  Those alleging that police officers used excessive force generally need evidence supporting their claim that the incident was not severe enough to warrant the level of force used and that the police officer unnecessarily escalated the situation. They need someone to advocate for them and handle the red tape on their behalf.  Reviewing the police encounters that led to serious injuries can help people determine how to assert themselves. Those who experience police brutality often need help holding law enforcement professionals and police departments accountable.]]> On Behalf of Roumel Law <![CDATA[No Fault Changes]]> https://www.roumel-law.com/?p=46465 2024-02-15T18:42:35Z 2024-02-09T14:19:13Z No-Fault Coverage May Not Protect You In An Accident Michigan is a no-fault insurance state. This means that an injured person generally looks to their own insurance company for payment of medical expenses, limited wage loss benefits, and property damage to their vehicle from an auto accident. An injured person (or their estate) only has the right to sue an at-fault driver if they have suffered death, a serious impairment of body function or permanent disfigurement. In addition to the damages listed above, the owner of the vehicle the at-fault driver was operating is also responsible for certain “excess” economic damages, as well as non-economic damages such as pain and suffering and emotional distress. Unfortunately, effective July 1, 2020, motorists are no longer required to carry lifetime coverage for medical and rehabilitation expenses. While the law ostensibly requires $250,000 in bodily injury coverage, a vehicle owner can choose to “opt out” and maintain as little as $50,000 in Personal Injury Protection (“PIP” coverage). This means that persons who are seriously injured or even killed in an accident with an uninsured or underinsured driver may never see fair compensation. For example, suppose an injured person purchases $50,000 in uninsured coverage, and the at-fault driver/owner has the same minimum coverage. In that case, the injured person will be limited to $100,000 maximum insurance compensation. Suing the other driver or vehicle owner for additional damages is a possibility, but unless that person has significant assets, it is a futile exercise, because that person can generally discharge any judgment in bankruptcy court. Also, to proceed to trial against the uninsured defendant, the injured party would have to refuse any settlement offered by the insurance company - even in the maximum amount of coverage - because the settlement would be conditioned on a release of claims against the at-fault driver and vehicle owner. This is why Roumel Law urges all motorists to purchase the maximum bodily injury protection available from their insurance company, which is “no limit PIP coverage.” If you or a loved one is harmed by another driver, you will be far better off than the comparatively small savings you might realize by opting for cheaper insurance coverage. It is also imperative to purchase both uninsured and underinsured motorist coverage. We suggest you purchase the maximum amount of uninsured and underinsured motorist coverage your insurance company offers. This is a summary only. For a full explanation of your benefits under no-fault law, Roumel Law urges you to schedule a formal consultation.]]> On Behalf of Roumel Law <![CDATA[Loyalty]]> https://www.roumel-law.com/?p=46454 2024-02-02T20:03:24Z 2024-02-02T20:03:24Z Your Employer Is Not Loyal to You A recent article in Business Insider, entitled “The end of workplace loyalty,” offers a thoughtful discussion about the changing landscape of employers and employees’ expectations. Perhaps your grandparent took their first job with the expectation that they’d be there their entire career, then leave with a pension and a gold watch presented at a retirement party. Sadly, that reality is long gone. Many employers no longer reward longevity or initiative. They demonstrate this in several ways:
  • terminating higher-paid employees (sometimes after they trained their less experienced replacements)
  • consolidating or outsourcing jobs
  • saying they are “eliminating a position” but really just changing the title and a few duties
  • cutting benefits and reducing pensions or retirement contributions
  • keeping employees below a certain threshold of hours to avoid paying medical benefits
  • opposing remote work
  • fighting efforts to form unions, which increase job longevity and reduce labor shortages
Employers even penalize employees before they start, by forcing them to sign onerous pre-hire documents, such as:
  • agreements to repay training costs (“TRAPS”) or signing bonuses if the employee doesn’t stay for a certain period of time
  • non-compete agreements to prevent employees to do the same kind of work for up to two years – even if it is the employer who ends the relationship
In response to this trend, employees are asserting their own bargaining power by quitting jobs at high rates, engaging in so-called “quiet quitting” (doing the bare minimum to get by), or even becoming “overemployed” (secretly working multiple jobs at once). At Roumel Law, if any of this sounds familiar, we urge employees - or prospective employees concerned about their rights - to get confidential legal advice before they act. Contact us today to schedule a consultation.]]> On Behalf of Roumel Law <![CDATA[Bullying At School]]> https://www.roumel-law.com/?p=46422 2025-01-16T09:02:20Z 2024-01-30T15:14:11Z 20% of students have experienced being bullied. Bullying can be physical, verbal, or social (including cyberbullying). Being bullied causes significant emotional harm, and in extreme cases, may lead to self-harm or even suicide. In Michigan, public school districts are required to enact anti-bullying policies. The most important thing a parent can do, to protect their child, is to understand the law, and their school’s district’s policies.

Strategies

 First, and most importantly, take care of your child and ensure they have the support they need at home and with experienced medical and mental health professionals. Second, encourage and support your child in reporting each and every instance of bullying, including naming names. This is a difficult process, especially for a child who fears further retaliation, but a school is required only to prevent bullying of which it has been made reasonably aware. Therefore it is critical that you document the incidents of bullying in detail. Should the school not take care of the problem, make sure the school is made aware of the seriousness of the problem. Here is a sample letter you can use if the school has not adequately responded to protect your child.

Learn Your Rights

Find the school district’s bullying policy. You should be able to find it on the school website. Many public schools use the same model policy that says something like this: The Principal (or other designated administrator) shall promptly investigate and document all complaints about bullying, aggressive or other behavior that may violate this policy. The investigation must be completed as promptly as the circumstances permit after a report or complaint is made. If the investigation finds an instance of bullying or aggressive behavior has occurred, it will result in prompt and appropriate remedial action. This may include up to expulsion for students, up to discharge for employees, exclusion for parents, guests, volunteers and contractors, and removal from any official position and/or a request to resign for Board members. Individuals may also be referred to law enforcement or other appropriate officials. The District shall report incidents of bullying to the Department of Education on an annual basis according to the form and procedures established by the Department of Education.

FOIA

 Next, find out who the Freedom of Information Act coordinator is for the school district. This should be on their website. If not, address it to the superintendent. Email that person something like this: We are requesting certain records concerning bullying behavior. Please provide the annual reports provided to the Department of Education for the school years (choose the current and previous one or two school years).  We are requesting all complaints of bullying and all investigation reports for 2022-2023 appropriately redacted and de-identified to show the incidents complained of, the investigations undertaken, the findings of the investigations, and the discipline received by the person found responsible.

FERPA

 “Deidentification” is important because school districts are required to protect students’ privacy under the Federal Educational Rights and Privacy Act. But you are entitled to your child’s records. The school district likely has something on their website explaining their own FERPA policies. In addition to making a FOIA request, we also recommend making a request under FERPA to the school district. Again, if you can’t find who their FERPA coordinator is, address it to the superintendent. Say something like: We are requesting, pursuant to our FERPA rights for our son’s educational records, all the records of investigation of bullying involving him that you are required to keep under policy 5517.01 under your student code of conduct, including records of your investigations, your written summary, your determinations of fact and culpability; records of disciplinary action, and the required notification to us of your conclusions.

 Other Strategies

Seek a meeting with the school principal, and if your child receives special education services, your child’s Individual Education Plan Team, and ask for a meeting to make a safety plan to protect your child. If your child is physically or sexually assaulted, do not hesitate to file a report with the local police.  You don’t need to have the schools do this, and you certainly don’t need their permission.

Legal Remedies

We urge families to study these policies and use them to protect their child. However, just like bullying at work, there may not be a remedy for bullying at school unless it is based on a protected characteristic. For example, a child who is bullied on the basis her gender (called sexually derogatory names, sexual shaming on social media) may have a remedy based on sex discrimination laws such as the Elliott-Larsen Civil Rights Act or federal laws such as Title IX. A student bullied for sexual orientation or sexual identity may have similar remedies. Nicholas Roumel has successfully litigated many bullying cases, including student suicide due to bullying, and been a frequent guest speaker at anti-bullying events for school personnel and parents. Here is a sample of one of his presentation.]]> On Behalf of Roumel Law <![CDATA[Workplace Bullying]]> https://www.roumel-law.com/?p=46421 2024-01-30T14:55:30Z 2024-01-30T14:55:30Z Workplace bullying is a widespread problem. A manager who yells, belittles or even causes employees emotional distress may be creating a hostile environment or toxic workplace. Depending on the circumstances, if you are a victim of such mistreatment, you may have remedies. You won't find the word bullying in employment law statutes. But when an employee is bullied or faces harassment related to a protected status or characteristic such as race, nationality, age, gender or gender identity, sexual orientation, pregnancy, disability, religion, veteran status, taking family leave, or being a whistleblower, then it could be illegal discrimination. Additional protection may exist under state law. In Michigan, the Elliott-Larsen Civil Rights Acts offers a broad range of civil rights protections, including protection against discrimination on the basis of height, weight, and marital status. Government employees may also have First Amendment protection, if they are being harassed on the basis of public speech. If you believe that you are being bullied or harassed on the basis of any one of these protected characteristics, you may have a legal claim. However, if the bullying or harassment is not connected to a protected status, your remedies are more limited. One option is to seek medical leave, if your stress and anxiety rises to the level of a diagnosed medical condition. At that point, you may have protection under the Family Medical Leave Act (FMLA), or the Americans with Disabilities Act (ADA). Another possibility is to review your workplace policies, which often have rules regarding fair treatment, and make a complaint to Human Resources. Be forewarned that if your HR complaint is not based on one of the protected characteristics discussed above, you may not have protection against retaliation. More bluntly, unless your complaint includes a claim that you were discriminated against, you may have no legal recourse. How do you know whether bullying or harassment is prompted by a discriminatory reason? The words used are one indication. Less obvious is how an employee is treated compared to others who are in a different protected class (i.e. different race, age, gender, etc.), but if you are treated differently than a co-worker who is not in the protected class, by all means point that out if you can do it in good faith. Write something like, “I believe my manager is bullying me because of my (age, sex, race, etc.) and here’s why I believe that,” and that may better protected you against illegal retaliation if you are fired in retaliation. But the reality is that some people, and some workplaces, are just toxic. Many managers believe - in the face of evidence to the contrary - that yelling, screaming, and belittling employees is an effective motivating tool. But that is not necessarily illegal. One court rejected a discrimination claim, citing the example of legendary Green Bay Packers coach Vince Lombardi, of whom one former player once claimed, “He treats us all the same – like dogs!” [nap_names id="FIRM-NAME-1"] can help you decide if you have a legal claim for the bullying, harassment, or retaliation. But even if you don’t have a claim, getting away from a toxic working environment may be the best thing for your emotional health and self-worth.]]>