What Is a Hostile Work Environment?
In order to even consider filing a lawsuit for hostile work environment, the environment must meet a certain legal threshold. For one, workplace conflict alone does not fit the legal definition of a hostile work environment. An employee being asked to stay late, being given a large workload, or receiving harsh criticism from a superior are not considered legally hostile, even if those conditions are unpleasant to be in.
There are several different workplace factors that—when taken individually or even in combination with other factors—can create a hostile work environment. Some of these factors include:
The open expression of hatred, prejudice, contempt or otherwise physical violence against one or more employees
The explicit or implicit threat of physical violence against another employee or group of employees
The threat of punishment for continued employment or otherwise from a superior or owner
The requirement to subscribe to racist or sexual attitudes in order to obtain or keep employment
The explicit or implicit desire for an employee to submit to sexual favors or activities in order to maintain employment status
The rejection or failure to discipline employees who openly engage in discriminatory or violent behavior toward a fellow employee
Taking of any adverse or otherwise punitive actions against an employee for refusal to submit to sexual advances , discriminatory remarks or violence
Violence or language that is so severe it disrupts the work environment
Threatening behavior
Personal insults that are either directly interfering with work performance or hostile in nature
Threatening and hostile non-verbal gestures
Physical assaults
The legal definition of a hostile work environment is that an employee is subjected to harassment based on race, religion, sex or national origin and that such conduct unreasonably interferes with their work performance or creates an intimidating, hostile or offensive work environment. While inappropriate remarks, slang or discriminatory comments on their own might not be enough to qualify as harassment, physical violence, the direct threat thereof, or offensive touching of another person would likely be sufficient.
Possible Grounds for Suing
Fortunately, there are laws in place that provide protection for those who experience a hostile work environment. Title VII of the Civil Rights Act of 1964, also known as Civil Rights Act of 1964, is the key federal law that protects employees from hostile work environment claims. This law prohibits employers from discriminating against employees on the basis of their:. At the state level, hostility in the workplace is typically referred to as harassment. The New York City Human Rights Law and the New York State Human Rights Law forbids employers from harassing, discriminating, or retaliating against employees based on those same protected classes. For a workplace hostility or harassment situation to constitute a legal matter, it must be more than just an isolated incident or offensive comment but rather a series of events and/or comments over time. When a hostile work environment is created by supervisors, managers, or even coworkers this claim can be pursued. Most often common claims for hostile work environments include are as follows: To move forward with a legal claim for discrimination, the complaints must be investigated and documented, the incidents must be recorded, and the employee should know the company’s anti-harassment policy. Claims can typically only be pursued if the situation is not resolved internally.
Evidence Needed to Prove Hostility
To have a successful case, the evidence obtained during initial discovery is indicative to the strength of the case. As stated above, proving a hostile work environment can be proven if the employee provides strong evidence suggesting that the employer allowed a culture of discrimination that included frequent discriminatory or derogatory slurs and organizational indifference. An employee must provide specific facts regarding the discriminatory treatment, including details about specific instances of harassment as well as the identity of the perpetrators and witnesses. The victim must provide evidence, such as email or voice mail messages. The victim should document every instance of harassment, including any witnesses to the harassment. This could include witnesses who witnessed the harassment and retaliation. If an employer has a system in place for complaints and the employer does not respond or resolve the problem quickly, the failure to act can suggest indifference on the part of the employer. This is critical to a hostile work environment case to show that the employer did nothing to discourage or correct the harassment.
Human Resources’ Role
A major component to an employee filing a hostile work environment lawsuit is the employee’s duty to report the harassing conduct to human resources. The employee first must report the employee’s claim internally (to human resources) before pursuing the matter in court. An employee’s failure to do this could result in the employee’s lawsuit being thrown out altogether.
If a worker feels that they are in a hostile work environment, the first thing they should do (even in the face of a criminal offense) is to alert their employer to the issue. The employer may be able to resolve the matter internally, through disciplinary actions or other interventions . For all employees, both non-union and union, the starting point to alerting their employer about their concerns or harassment complaints is their human resources department.
In recent years, many companies and their executive leadership have placed an emphasis on advancing the cause of diversity and inclusion in the workplace. In thought leadership materials, most companies seek to portray an image of a positive workplace. One of the ways in which companies can demonstrate such a positive image is to take a proactive approach to prevent hostile work environments. Employers that are progressive and proactive will strategically advertise their workplace culture, as well as actively engage in enhancing workplace compliance and risk management strategies regarding a hostile work environment.
Filing a Lawsuit
When it comes to hostile work environment claims, you often have the option of filing either with the government or in civil court. In the case of pregnancy discrimination, for example, you could file a complaint with the Equal Employment Opportunity Commission. If filed there, the EEOC will often investigate and set a deadline on filing a civil suit by.
You could also choose to file directly with a local EEOC office in your area. This will get you a dismissal and a right to sue notice in about 180 days from the filing date. You will receive a dismissal and right to sue notice, which will allow you to file within 90 days of receipt. Of course, you will also need to file in time not only to meet that deadline but to meet the statute of limitations, which is 300 days.
In California, you have the option to file both a federal lawsuit and a state lawsuit. To bring a lawsuit, however, you must first file a claim with the California Fair Employment and Housing Department. In general, you must file your claim within one year of the alleged events; however, if the events included the unlawful employment practice of fresh harassment or ongoing discrimination, the timeline can be longer.
To file a complaint, an individual may fill out the form online on the FEHA’s website. Alternatively, you could also use the form available through the courts, which functions like a complaint and can be filed directly in civil court. With this form, you could file against your employer as well as other individuals who may be responsible for the hostile work environment.
If the FEHA determines that you have a valid claim, it will often offer to attempt to remedy the situation through a reasonable resolution. If you choose to go the litigation route, however, you may do so and it will file a lawsuit on your behalf.
No matter what, you need to contact an attorney right away. If you file the wrong claim, you could miss your chance to file a lawsuit altogether. And if you don’t have an attorney, you might not get full value for damages awarded. This is especially true for punitive damages, which cannot be awarded at lower levels connected to an agency such as the EEOC or FEHA. By hiring the right attorney, you give yourself the best chance of getting total and complete compensation.
Potential Remedies and Damages
Depending on the nature and severity of the claims brought in the underlying lawsuit against an employer in a civil court, the potential outcomes and remedies could vary widely. These may include compensation to the victimized employee for various emotional or physical harms resulting directly from the hostile work environment, payment by the employer to reorganize and address any offending conduct, and monetary compensation for attorneys’ fees.
The first outcome may the be awarding of monetary damages (financial compensation). Here, the plaintiff may win a damages award that addresses the harms they have suffered through the hostile work environment . These damages may be monetary and could potentially include awards to cover various harms. Courts may award:
Another possible outcome of a successful hostile work environment claim may be injunctive relief (change in workplace policies). In this case, the primary remedy sought would not be the award of monetary damages but instead a change in company policy along with the compulsory enforcement by the court. This could take several forms, including:
Finally, there is the possibility of attorneys’ fees and costs. Should plaintiffs win their lawsuit in civil court, costs and attorneys’ fees may be assessed. Under Title VII and many state laws, courts may award reasonable attorneys’ fees to the prevailing party.