A hostile work environment may be a very real concern in any workplace. If you find yourself being harassed, discriminated against, or otherwise subjected to unfair treatment in your professional setting, it may be time to consult with a hostile work environment lawyer. A hostile work environment attorney works with employees who may be facing harassment and discrimination at work. In this article, we’ll explore what a hostile work environment is, what to look for, how to cope and when to hire a hostile work environment lawyer.
Understanding Hostile Work Environment
A hostile work environment refers to a workplace that is hostile, threatening, or racially hostile because of discriminatory behavior (such as harassment, or mistreatment based on it), including but not limited to racial harassment, sexual harassment, gender harassment, religious harassment, age-based harassment. The basic idea behind a hostile work environment is that the behavior creates a harmful environment for your health and productivity.
It’s considered a hostile work environment under the law when the conduct is “severe or pervasive enough to adversely affect an employee’s ability to perform her or his job. ” Isolated incidents may not be considered a hostile work environment, but repeated, ongoing conduct can be.
Legal Definition of a Hostile Work Environment
The U. S. Equal Employment Opportunity Commission (EEOC) defines a hostile work environment to mean conduct that is unwelcome. Such conduct may include offensive jokes, racial slurs, sexual harassment, or other behavior that does not help an employee do his or her job adequately. The type of behavior must be pervasive (occur on multiple occasions) and sufficiently severe to cause a hostile or abusive work environment.
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Signs of a Hostile Work Environment
Know the warning signs of hostile work environment when it comes to deciding whether or not you need legal help. These are some of the more common warning signs that you may be in a hostile work environment:
1. Harassment or Bullying
Continued verbal abuse, threats, or derogatory remarks can lead to a hostile work environment. Harassment may be directed at anyone in the workplace, including coworkers, supervisors, or even clients. Harassment could involve sexual harassment, racial discrimination, or bullying based on age or gender.
2. Discriminatory Practices
Any workplace in which you are discriminated against on the grounds of your race, gender, religion, sexual orientation, disability, or any other protected classification may be a hostile workplace. Discriminatory conduct may involve being passed over for promotion, being given lower-paying work, or being subjected to derogatory comments.
3. Unwanted Sexual Advances
Sexual harassment is one of the most frequently reported forms of hostile work environment behavior, including unwelcome sexual advances, sexually offensive comments, or physical contact.
4. Unreasonable Job Demands or Expectations
In some cases, a hostile work environment may involve making unreasonable demands on an employee ( unreasonable deadlines ) or excessive workload. When an employee is constantly being made to work past their limits it can be toxic work environment.
5. Retaliation
Retaliation ( being punished for complaining about harassing or discrimination ) can mean that you are punished ( e. g. getting depressed, fired, etc. ) according to a legal statutory provision of both federal and state employment laws.
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If You Are Undergoing a Disadvantageous Work Environment: If you suspect you are working in a hostile environment, there are several steps you should take to protect yourself. These steps may also be important if you decide to pursue legal action with the help of a hostile work environment lawyer.
1. Document the Behavior
Taking down all details of any known/expected inappropriate activity, such as date, time, location, what happened, and who was involved. Hopefully you can gather evidence, such as an email, text message, or other recorded communication, that proves harassment or discrimination.
2. Report the Behavior to Your Employer
Many companies have ways to report workplace harassment. Report the situation to your supervisor, human resources (HR) or another designated person. It is extremely important to follow your company’s reporting policies. If your employer doesn’t take action against you or retaliates against you, that may give you more leverage in your lawsuit later on.
3. Seek Support
Talk to somebody you trust about it. You’ll be better off if you talk with a trusted colleague or friend. You can also look for employee assistance programs (EAPs) and mental health professionals who may be able to help.
4. Consult a Hostile Work Environment Lawyer
If you can’t seem to stop the harassment from continuing despite your best efforts to end it internally then maybe it’s time to see a hostile work environment lawyer. A lawyer can help you understand your legal rights and what steps you may want to take.
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Why Hire a Hostile Work Environment Lawyer?
You might be able to resolve a hostile work environment on your own but a lawyer can offer you many benefits and increase your chances of having the situation resolved successfully. Here are some of the reasons you should hire a hostile work environment lawyer:
1. Expert Legal Knowledge
A hostile work environment lawyer is familiar with employment law and can guide you through the often-intense legal system. They will be well versed in the various types of workplace discrimination/harassment and know how to put together a formidable case for you.
2. Assistance with Filing Complaints
If you decide to make a formal complaint with the EEOC or your state’s labor board, a hostile work environment lawyer can guide you through the process. They’ll help you file the paperwork you need to and make sure you don’t miss any deadlines.
3. Protection Against Retaliation
Retaliation is illegal. But even after you file a complaint, it can still happen. A lawyer can help protect you from retaliation, and also be able to take legal action if your employer retaliates by firing you, demoting you, or otherwise treating you ill.
4. Negotiation and Settlement
You also need a good lawyer to negotiate a settlement with your employer. If that goes through without a court case then a lawyer can make sure that it’s a reasonable settlement and that your interests are protected.
5. Litigation Representation
If you ‘re not able to come to a settlement, your lawyer is able to take you to court and say your case and advocate for you.
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How to Find a Hostile Work Environment Lawyer
How to Choose the Best Lawyer for a Hostile Work Environment Case This mainly covers what you need to know if you need to hire a hostile work environment lawyer:
1. Experience in Employment Law
Obviously you will want a lawyer who specializes in employment law and will have experience with harassment or discrimination, so you want someone who knows the ins and outs of those types of cases.
2. Client Reviews and Testimonials
Look at review sites on the internet and ask for references from other clients. A good lawyer should know exactly how he ‘s done several similar cases.
3. Initial Consultation
Many hostile work environment lawyers will provide you with a free initial consultation to discuss your case and see how experienced the lawyer is and how they would handle it. So use this time to ask them about their experience, how much they charge, and what they would expect their case to result in.
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Legal Protections for Employees in Hostile Work Environments Federal and state laws offer certain protections for employees from hostile work environments. The purpose is to make sure that every worker has equal treatment and is not harassed or discriminated against. Here are some of the more basic legal protections:
1. Title VII of the Civil Rights Act of 1964
Title VII is a federal law that prohibits discrimination against anyone because of race, color, religion, sex or national origin. If you were harassed or discriminated against on some of these facts it can be a basis for a case under Title VII.
2. The Age Discrimination in Employment Act (ADEA)
The ADA protects employees with disabilities from discrimination and harassment. So if you are discriminated against because of your disability you can bring a lawsuit against your employer.
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Conclusion
Hostile work environments make it difficult for people to do their jobs, and can have a negative impact on people’s lives. If you’re experiencing harassment or discrimination at work, you need to take action to protect yourself. Document the harassment, turn it in to your employer, and contact a hostile work environment attorney for help. With the right help and support, you can begin pursuing the resolution you need in order to get the justice you deserve.
If you feel you are in a hostile work environment, you certainly should talk to an attorney who is competent and can advise you about your rights and options.
Image Suggestion: Insert an image of a happy, healthy employee leaving a stressful work situation, symbolizing relief after seeking legal help. As you outlined in this article you can protect yourself from a hostile work environment as well as bring a legal claim against them.
