Did you know that a recent survey by the American Psychological Association reported that approximately 19% of employees experienced a somewhat toxic workplace? Dealing with workplace dynamics can be challenging, especially when the environment becomes hostile.
Knowing the steps to take and how to document incidents can help you stand up against a hostile work environment. According to Jimenez Loayza, APC, if you feel that your work environment has become hostile due to factors like harassment, discrimination, or retaliation, you may be consider taking legal action against your employer.
Determining whether you can sue your employer for creating a hostile work environment can be complicated and fact-specific, but there are some key points to consider:
Recognizing Hostile Behaviors
Recognizing hostile behaviors is necessary in understanding whether you may have a case for a hostile work environment. Hostile behaviors can show up as verbal abuse, intimidation, discrimination, harassment, or retaliation. Pay attention to how you and your colleagues are treated and be aware of any patterns of negative behavior.
Verbal abuse can include yelling, insults, or offensive language directed towards an individual or a group. Using intimidation can include making threats, displaying aggressive gestures, or fostering an atmosphere of fear. Discrimination can stem from various traits such as race, gender, age, or disability, resulting in unjust treatment.
Harassment contains unwanted behaviors that create a hostile or uncomfortable work environment. Retaliation happens when an employer takes action against an employee for participating in protected activities, like reporting discrimination or harassment.
Understanding Legal Definition
A hostile work environment occurs when unwelcome behavior related to a protected characteristic, like race, gender, religion, or disability, becomes so severe or frequent that it creates an intimidating, hostile, or abusive atmosphere at work.
Occasional incidents or lighthearted teasing usually do not reach the legal standard needed for a hostile work environment claim. The behavior needs to be something that a reasonable person would find offensive, as well as something that the individual experiencing it finds offensive on a personal level.
The behavior needs to be widespread, happening consistently over a period, or it can be serious, pointing to a single, shocking event. For a claim to be valid, it needs to be shown that the behavior changed the terms and conditions of your employment, making it challenging for you to do your job well.
Documenting Incidents and Evidence
If you find yourself in a situation that feels like a hostile work environment, it is important to begin documenting any incidents and collecting evidence right away. It is important to maintain a thorough record of any inappropriate behavior, such as harassment, discrimination, or retaliation.
Be sure to note the dates, times, witnesses, and specifics of each incident. Keep any important emails, messages, or documents that back up your claims. Consider keeping a journal to track how these incidents are affecting you emotionally and professionally. Photographs, screenshots, and physical evidence should also be preserved.
If there are any policies or guidelines in your employee handbook that are being violated, make sure to note these as well. Gather as much evidence as you can to support your case and show just how serious and ongoing the hostile work environment is.
Stay organized and keep all documentation in a safe and secure place.
Reporting to HR and Management
When reaching out to the HR department to discuss your concerns, try to be clear about the specific incidents that have added to the uncomfortable atmosphere. Documented evidence will be necessary in supporting your claims.
Your HR department usually usually has the expertise to manage these situations with care and discretion. Share your personal experiences with them, making sure to include the dates, times, and any people who were there with you. Follow your company’s policies and procedures for reporting such issues.
If the behavior is coming from a specific individual, consider addressing the matter directly with your immediate supervisor or manager. They may intervene and resolve the situation before it escalates further.
Keep track of all your interactions and responses from HR and management for future reference.
Seeking Legal Counsel and Remedies
Seeking legal advice from an attorney specializing in employment law can provide a clear understanding of your rights and options. Your lawyer can help you understand the situation, look over any documents you have, and guide you on the best steps to take. He or she can assist you in dealing with the legal system and figuring out whether you have a solid case for taking legal action against your employer.
If it turns out that your employer has created a hostile work environment, there are a few options you can explore for resolution. Options might involve submitting a formal complaint to the Equal Employment Opportunity Commission (EEOC), exploring mediation or arbitration, or, if necessary, bringing your case to court.
Your attorney can guide you through each step of the process, advocating for your rights and working towards a resolution that addresses the harm you have experienced.
Conclusion
Taking legal action against an employer for fostering a hostile work environment is a big decision that demands thoughtful reflection and thorough preparation. Everyone deserves to work in a place that feels safe and respectful.
Knowing your rights and taking the right steps can empower you to pursue justice and foster a workplace that is safer and more respectful for all.
