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|Terms and Conditions of Employment
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:
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:
You must show that others are not yelled at, belittled, or threatened, etc.
For more on harassment, see 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.