Hostile workplace question

I work in Houston, TX and have a question about what constitutes a hostile work environment.

For the past 16 months that I have been working for the company I am at, I have had to share an office with an absolutely gruesome woman. I am a non-smoker, and tend to believe I have relatively good hygiene, in that I shower daily and keep in good shape. The woman I share an office with is a smoker, has really bad health, smells of cats and smoke, snores because she falls asleep at her desk from being up gaming all night, and the worst part is that she burps ALL DAY LONG!. I can't really describe in words how utterly disgusting it is to listen to. Since two weeks after I started working here, I have complained about it, and was basically told there was nothing that could be done because of lack of space (I'm one of only three offices that has more than one person in it).

At first, this was an annoyance, and I was basically blown off. Told to deal with it, and given a fan to put in the office to cover the sounds. I was also given a set of headphones so I can listen to music. Well neither of these are solutions being that I don't like air blowing on me in an already air-conditioned office, and I don't like listening to music, because I support people and they need to have my attention. Plus, they are both just incredibly distracting. Now, this has gotten to the point that I am having physical effects. Over the summer last year I began getting anxiety attacks. I brought it up again with our HR department and my manager. I was told that as soon as the summer interns left that I would be able to be moved into an office with someone else. I took a deep breath and dealt with it up for a few more weeks. Summer ended, kids went back to school, and still no office move. Again told there was no place to move me. But in that same time, right across the hall from me, an office was built for someone else who shared an office. I asked to be moved where she once was but was told no, because that person was not in my department, yet the girl that was moved from that office was not in the same department as the guy she shared the office with either. I have tried to be patient again, but it as been 6 months. I've complained and nothing gets done. Now the anxiety attacks are back again and it's have a real strain on my quality of life.

I really need to know what course of action I can take. I feel like I am at the breaking point and have no clue where to turn.

This article is helpful:

http://www.legalmatch.com/law-librar...arassment.html

Thanks for that link, but it points more to harassment.

That is what hostile work environment is.....a type of harassment.

Wow! I really feel for you. That woman would disgust me as well, and make it almost impossible for me to work there. That said, unfortunately I think you will be fighting an uphill battle if you were to sue.

Generally speaking, hostile work environments are created when a work environment continually offends an employee based on legally protected characteristics/factors. These characteristics/factors include things like race, religion, gender, ***, etc.

Other reasons that make a work environment unpleasant are generally not actionable due to the "at will" employment doctrine. It sounds harsh, but your employer probably has a solid defense by simply stating: "If you don't like working here, then quit."

I'm going to qualify the above by letting you know that I have not extensively researched this issue. I will look into it further tonight, and if I find something that states otherwise, I'll post it here.

The problem is that I do like working here. I just can't deal with all of the issues related to her, and the only excuse I get is there is no where else for me to go. When the fact is that there are plenty of offices set up for two people and only have one in it. They just are with people that aren't in my department.

Side Note.... she's snoring while I write this.

You haven't mentioned at all if anyone has tried to discuss this with the woman. Is there a possibility she doesn't know she is utterly repulsive ( not in those words, of course). Is she a good employee? Does she have a pleasant personality? The reason I am asking is, perhaps there is a possibility she doesn't KNOW how she is offending you. Is it possible, if she knew, she would make an effort to change? Of course, if she is just a complete < insert bad word> and doesn't give a <insert another bad word of choice> what anyone thinks, discussing it with her wouldn't help.

This sounds silly, and if you are male, it probably wouldn't be a good idea since it could be perceived as being a romantic overture, but have you considered getting her a gift certificate to some place like a spa where they have personal grooming tips as well as treatments, such a manicures, pedicures, hair styling, etc? Maybe purchase a gift certificate for her and send it anonymously---it is possible she just doesn't know how offensive she is?

Have you ever gotten home from a meeting or dinner with a client and realized <eeks> you had a piece of food inbetween your teeth? You wonder, "Why didn't they TELL me?" And you are embarrassed? Of course, the issue you are relating is much more appreciable and it would be hard to bring up this to her without her feelings being hurt, at first---but in the long run, do you think she would appreciate knowing?

To me the obvious answer to all of this is simply tell her. Is this a possibility, as unpleasant as it may seem?

I feel for you--I have never been in your position, and I hope things work out for you.

Best wishes.

Everyone, thanks for the input. It's much appreciated. I want to give an update. Last week, I finally had enough and went to management and HR. Again, I was told there was no-where to put me. But I was very firm that that answer was not good enough. About 30 minutes after meeting with my manager (I went to HR first), he came by and told me to move to another office in the morning (HOOORRRRAYYY!!! Problem solved!!!) WRONG!!!

Since moving last Thursday morning, I have been completely alienated in my office. The team has gone to lunch together every day and no-one has said a word to me. Now keep in mind, I always went with them before this, and my disgusto co-worker never did (still doesn't). So this isn't a case of picking her over me, pretty much no-one enjoys her company. But yet, I am still being alienated. And it's not just lunch. I work for a company that just merged with another and I am a senior member on our team. Prior to this, I was involved in most aspects of merging systems, since Thursday, I have been kept completely out of the loop. At this point, I don't know what is worse, dealing with her, or the back-lash for not wanting to deal with her.

ADVICE PLEASE!

You can either give it some time, i.e. a week or so, or you can talk to your immediate supervisor and voice your concerns. Given that it's only been approximately 4 working days, it is possible that not much has occurred within your office to merit constant daily contact. However, if you do in fact feel you're being left "out of the loop" when in the past, you were in daily communications, then I would suggest a quiet, one-on-one conference with your immediate supervisor. You were well within your rights to request what you did last week, however it might not have been well-received by your other co-workers. Office 'politics' being what they are these days, you may want to discuss this with your supervisor (confidentially, of course.) Unless you can adequately document the kind of professional "back-lash" you're describing, at this point, there's not much else you can do to pursue other 'hostile work environment' claims.

Good luck again.