In short, yes, you may sue your employer for a hostile work environment in Alabama if you are able to prove all of the elements required to demonstrate that you were subjected to offensive and unwelcome conduct that created a hostile work environment.
In general, these lawsuits are commonly brought under state or federal discrimination laws. Discrimination laws in the United States are intended to clarify the ambiguity between what is and is not considered discrimination in the workplace.
It is important to note that there are many different forms of discrimination that exist in the workplace that may lead to the creation of a toxic work environment, and create a cause of action for an individual to sue their employer. Because of this, employers and employees must understand what constitutes an unlawful action before filing a hostile work environment lawsuit or speaking with an employment attorney.
One common type of discrimination that exists under federal and state laws would be racial discrimination. Racial discrimination may occur in the workplace if an employer treats an employee or applicant unfavorably because of their race.
For example, if an employer does not hire an individual only because of their race and not because they are not qualified for the job, the employer may be found guilty of race discrimination. This is because, under both state and federal laws, an employer cannot discriminate against employees or applicants based on race.
Specifically, under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees based on their national origin, race, gender, disability, or other protected characteristics. An employee who believes that they have been discriminated against based on a protected class may seek to file a discrimination complaint based on an employer’s treatment of them.
What Is a Hostile Work Environment?
Once again, before initiating a hostile work environment lawsuit, one must be able to demonstrate that a hostile work environment was created by their employer. Title VII of the Civil Rights Act of 1964 is the legal standard that is used when considering whether or not a hostile work environment exists.
Under the Act, it is illegal for employers to discriminate on the basis of race, religion, or gender, disability, or other protected characteristics. Racial, religious, or sexual harassment in the workplace all constitute unlawful discrimination if the issue creates a hostile work environment by altering an employee’s working conditions or making it difficult or impossible for that employee to do their job.
In other words, if the discrimination arises to a level where the employee is unable to perform their job, then that would likely be enough proof to demonstrate that a hostile work environment has been created.
Title VII of the Civil Rights Act also created the Equal Employment Opportunity Commission (“EEOC”) in order to monitor violations and receive complaints. In general, all of the following requirements must be met in order to demonstrate that a hostile work environment has been created:
- The workplace harassment must be both “severe” and “pervasive.”
- It is important to note that a singular offensive remark or act of teasing will not typically constitute sufficient grounds to demonstrate a hostile work environment.
- However, the more severe the harassment, the less pervasive the harassment must be, and vice-versa, to demonstrate a hostile work environment.
- The discrimination that occurred must be against a protected class, such as a person’s age, religion, disability, or race.
- The harassment and discrimination must be based on an “objective” standard, which means that a reasonable employer knew or should have known that a hostile environment was created.
- The employer must have failed to intervene.
What Is Considered a Hostile Work Environment in Alabama?
In the state of Alabama, a hostile work environment refers to a situation where an employee faces offensive and unwelcome conduct that significantly impacts their employment terms and conditions. Under state laws, in order for an employee to establish a hostile work environment claim, they’ll need to demonstrate that:
- The employer’s conduct was severe or pervasive.
- Their employer was aware of the conduct that led to a hostile work environment but failed to take appropriate action.
- The harassment the employee experienced was based on a protected characteristic, such as gender or race.
It is important to note that before pursuing legal action, you must initiate a discrimination charge with the Equal Employment Opportunities Commission or your local state agency. After the EEOC or state agency has explored your claim, you will receive a right-to-sue letter, which you then may utilize to pursue a private court action. A local attorney in Alabama will be able to ensure that you follow all of the necessary steps.
When Should I File My Claim for a Hostile Work Environment?
In short, you should always take immediate action if your job is being impacted by a hostile work environment. As such, if you believe you’ve experienced a hostile work environment, it’s important to do all of the following:
- Document Everything: It is important to keep a detailed record of any incidents that led to the creation of a hostile work environment, including dates, times, descriptions, and any witnesses.
- Report to Your Employer: Next, you should always notify your employer about the harassment, as they should be given an opportunity to investigate and take appropriate action.
- Consult With an Attorney: If your employer doesn’t take appropriate actions to address the issue or if your situation worsens, you should then immediately consult an employment law attorney in your area.
Finally, it is important to be aware of the statute of limitations for workplace discrimination lawsuits in Alabama. Alabama law provides that you generally have 180 days from the day of the events that led to a hostile work environment to file a complaint with the Equal Employment Opportunity Commission (EEOC) or 300 days if there’s a state agency that handles such complaints.
How Do I Prove a Hostile Work Environment?
As mentioned above, in order to prove a hostile work environment in Alabama, you must demonstrate all of the following:
- That you were subjected to offensive, unwelcome behavior, such as repeated or severe harassment, discrimination, or intimidation at your place of employment.
- That the conduct that occurred was frequent, severe, or pervasive enough to create a hostile work environment.
- That the mistreatment you received was based on a protected characteristic (e.g., race, gender, religion, disability).
- That your employer knew about the behavior occurring but failed to take appropriate action.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are several different remedies available for a hostile work environment claim. Although it may seem obvious, one of the main remedies available is that your workplace’s human resources department will take appropriate action to remedy the hostile work environment.
For example, they may take action and fire the employee responsible for creating the hostile work environment or offer to move you to a different position where there is no hostile work environment.
However, if your employer does not take appropriate action, then the EEOC may require you to stop the offensive behavior through a cease and desist letter. Additionally, if you have experienced emotional distress, lost wages, or other economic damages, your employer may be required to compensate you for such injuries. You may also seek such damages in a private civil lawsuit.
The EEOC may also require that your employer revise their workplace policies and provide training to all employees in order to prevent future incidents of workplace harassment. If you were terminated as a result of a hostile work environment, you may also seek to be reinstated to your previous position, although this is not common.
Finally, if you decide to go the private civil lawsuit route, you may also seek attorney fees. In other words, if you win your case, your employer may be responsible for covering the legal fees that you incurred while pursuing your hostile work environment lawsuit.
Do I Need an Alabama Lawyer for a Hostile Work Environment Lawsuit?
You may have been subjected to a hostile work environment in Alabama. If this is the case, it is in your best interests to immediately contact an experienced Alabama harassment lawyer in order to ensure your rights are protected. LegalMatch can assist you in setting up an initial consultation with an experienced attorney in your area.
An experienced harassment attorney can help you understand your legal rights and options according to both federal and Alabama’s specific discrimination laws. An attorney will also be able to represent you in court, as needed, should your issue require legal action, such as filing a hostile work environment lawsuit.
