The test for whether a work environment is “hostile” is whether it would be intimidating, hostile, or offensive to reasonable people. Petty slights and annoyances would not qualify. Nor would most isolated incidents of unwelcome conduct. [2] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source Offensive conduct includes slurs, epithets, offensive jokes, physical assaults, threats, intimidation, ridicule, mockery, put-downs, insults, offensive pictures or objects. [3] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source The offensive conduct must be based on a protected characteristic (such as race, gender, etc. ) to violate federal law. [4] X Research source The conduct must be so severe, reoccurring, or pervasive that it interferes with the employee’s ability to do their job.
To find state law, you can search in your local courthouse law library or on the Internet. To search the Internet, type your state and “antidiscrimination” or “hostile workplace” into your web browser.
A woman was awarded $8 million for egregious tormenting because she was a woman. She was trapped in a port-a-potty for 20 minutes on a hot day, regularly shown pictures of naked women, and ridiculed for working in a male-dominated industry. A waitress prevailed on a hostile workplace claim when two customers came into her restaurant and made filthy comments. On one occasion, one of the customers pulled her hair and then placed his mouth on her breast. [7] X Research source Lockard v. Pizza Hut, 162 F. 3d 1062 (10th Cir. 1998)
You might want to meet with a lawyer who is a certified specialist in employment law. Not every state allows certification. But some states will certify specialists if they have dedicated a certain percentage of their practice to employment law. Applicants also must take advanced legal education classes and receive recommendations from other lawyers or judges. Lastly, applicants must pass a written exam to earn the certification. Employment litigation can be expensive. Usually, an employment case will cost between $8,000 and $30,000 in attorney’s fees. [8] X Research source You can discuss alternate fee arrangements when you meet with the lawyer for a consultation. Usually, lawyers bill on an hourly basis. However, many employment attorneys will represent clients on a “contingency” fee agreement. Under this arrangement, the lawyer gets paid a percentage of your award amount only if you win the case. Although you might still be responsible for paying court costs, such as filing fees and court reporters, a contingency fee agreement can make legal representation affordable. [9] X Research source
The communications do not need to have been made only in the workplace. If a co-worker or boss contacts you at home, then these communications are also relevant. [10] X Research source Also preserve any communication where you inform a supervisor or Human Resources about the harassment. You will strengthen your case if you can show that you put your employer on notice about the harassment. A jury might view an employer who does not swiftly stamp out harassment as being complicit in the conduct. This helps show that the harassment is pervasive, as it seems to be approved by top management.
Share the witness information with your attorney. Your attorney will contact them and confirm that they are willing to testify. If they are unwilling, then your lawyer may have to subpoena the witnesses.
Also save other evidence that shows the impact the harassment has had on you. You should keep all medical and psychiatric records that document the effect of the stress. You do not need to have a nervous breakdown before suing for a hostile work environment. [11] X Research source Lockard v. Pizza Hut, 162 F. 3d 1062 (10th Cir. 1998) However, proof of a negative physical or mental impact will certainly bolster your case.
If your employer is not covered by federal law, then you may report to your state’s equivalent agency. If your employer is covered by both state and federal laws, then you can choose which agency to file your charge with. If your state’s laws are more protective of employees than federal law, consider filing with your state agency. For example, California has more stringent workplace protections than federal law requires. If you live in California, you should consider filing a report with the California Department of Fair Employment and Housing. You should use the EEOC’s assessment tool to figure out which agency to file with.
Don’t wait to file. Generally, you have 180 days to file a charge with the EEOC. The deadline is extended if your state law provides a longer deadline. However, you shouldn’t wait too long. [13] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source
your name, address, and telephone number your employer’s name, address, and telephone number the number of employees employed there a short description of the events you believe were discriminatory when the events took place that a protected characteristic was the motivation for the discriminatory events your signature
Call 800-884-1684 (or 800-884-1684 if deaf or hard of hearing). Fill out and mail the Inquiry form to any Department of Fair Employment and Housing Office. Email a completed Inquiry form to contact. center@dfeh. ca. gov.
Generally, you will file in federal district court if you are suing under federal antidiscrimination law. If you are suing under your state’s antidiscrimination law, then you will file in a state court. In order to bring suit, you need a “Notice of Right-to-Sue” letter from the administrative agency that you filed your initial charge with. The EEOC will issue the letter after conducting its investigation. You have 90 days to file a lawsuit from the date you receive your letter. [16] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source If you want to sue before the EEOC has completed its investigation, then you will need to ask for the Right-to-Sue letter. At least 180 days must have passed since you filed the charge with EEOC. If so, then send a letter to the director of the office investigating your charge. The agency will close the investigation once it issues the letter. [17] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source
you were harassed because of a protected characteristic the harassment was unwelcome the harassment was so pervasive or severe as to create an abusive work environment there is some basis to impute liability to the employer
For example, you may have been called a “dwarf” or “half-wit” by a boss. However, if you are claiming gender discrimination, then these comments will not help you as there is no logical connection between them and gender. [20] X Research source Hartsell v. Duplex Prods. , 123 F. 3d 766 (4th Cir. 1997) However, misogynist or racial epithets would qualify. On their face, these kinds of comments about a group are offensive and related to the protected characteristic. To prove harassment, you will need to introduce relevant evidence that you have gathered: emails, notes, documented conversations. Also, witnesses can testify as to what they heard or saw.
There is no required number of incidents necessary to qualify as pervasive or severe. One episode of abuse can be sufficiently severe to make the environment hostile. For example, a single incident of sexual assault can qualify. [22] X Research source Quinn v. Green Tree Credit Corp. , 159 F. 3d 759 (2d Cir. 1998) No single factor is determinative. You can prove this factor by presenting all of the evidence of offensive comments, physical touching, or other abusive behavior.
Here, your emails or letter to Human Resources reporting the harassment will help you prove this element.
