Today’s post comes from guest author Jon Rehm, from Rehm, Bennett & Moore.
Teachers in West Virginia won a victory for working people recently after a nine-day strike forced lawmakers and their Governor to raise the pay of all public employees by 5 percent, agree to fix problems with the state’s health insurance system and maintain other employee protections.
The victory for the West Virginia teachers came shortly after many pundits predicted the downfall of public sector unions in the wake of an expected unfavorable decision from the Untied States Supreme Court in the Janus case. Many commentators pointed out that West Virginia was already a “right to work” state where unions can not compel the employees they represent to pay dues.
The West Virginia teachers strike shows the power of collective action among employees. I have long advocated that employees exercise their rights under the National Labor Relations Act to work together to address the terms and conditions of their employment. Employees don’t need a union to exercise these rights. Collective action on the job can address bullying by a boss and can even help employees accommodate a disability.
The success of the West Virginia teachers seems to have encouraged teachers in Oklahoma to plan a strike as well. The example of the West Virginia teachers should also show employees that they can deal with smaller but no less serious issues with their employer or on their worksite.
Today’s post comes from guest author Jon Rehm from Rehm, Bennett & Moore.
I recently received an inquiry from a student about working through the challenges caused and exacerbated by her bullying professor, because unfortunately, bullying has never been limited to work or a school filled with children. This is my response.
Sorry to hear about your professor making your life miserable. I have two pieces of advice for dealing with him. Here is how you can proceed to protect your rights:
- Under Title IX, you likely have the right to take medical leave from school to deal with your psychiatric condition. This should allow you to stay in the program and preserve your ability to get your degree. This will at least give you time to treat your mental health condition so you can deal with your bullying professor. Here’s a blog post that touches on that portion of your concern.
- Once you get your mental health together, I would attempt to band together with other students who have been bullied by the professor and bring it up with the administration. I find there is more power for people when they band together rather when the face their employer, or in your case school administration, as individuals. This blog post shows some information about what to do when you’re dealing with a bully.
I sent you these blog posts so you can understand the underlying legal principles here. As a student you are protected against discrimination by Title IX. This includes protection from harassment that is motivated by sex, race, religion, etc. However this professor seems to be an equal-opportunity jerk, which means his conduct is not against the law. However, you likely have some protections based on disability as well under Title IX. Your mental-health condition is a disability, so at the very least the school will probably have to grant you some leave to take care of your mental-health condition.
The weakness with asking for accommodations from a bullying boss based on a mental-health condition is that administrators and courts tend to view people with mental-health conditions as overly sensitive and unreasonable.
If you can get a few people to join with you in standing up to a bully, you are in a stronger position. It sounds like you would have some people who would be willing to join with you. You are in a stronger position than you think. Your major is an industry that is competitive where the pay is fairly low. There is no shortage of people who are qualified to be teachers within you major. I’m sure they could hire someone with a basic sense of decency.