Hostile Work Environment in Arizona

It may be possible for an employee in Arizona to sue their employer if they are experiencing a toxic work environment or a hostile work environment. A hostile work environment lawsuit is a type of lawsuit that may be filed in either Arizona state court or federal court to resolve these types of issues.

There are federal workplace discrimination laws that protect employees, which are enforced by the Equal Employment Opportunity Commission (EEOC). Once an employee submits a claim, the EEOC will investigate whether a workplace situation rises to the level of a hostile work environment.

Hostile work environments can be created based on several factors, including:

• The frequency of harassment
• Discriminatory intent
• The employer’s response
• The type of conduct
• How severely the harassment affected the employee

A hostile work environment claim will be investigated by the EEOC, which will include a review of the conduct and actions of the parties involved in order to determine the type and frequency of harassment that is occurring in the workplace. In addition, the EEOC will make a determination of whether the harassment was limited to one incident or was pervasive and long-lasting.

Typically, a solitary incident does not reach the level of a hostile work environment unless that single incident was very serious. In addition, if the claimant’s claim is federal, they will have to show that their harasser’s intent was discriminatory based on one or more federally protected characteristics.

The EEOC will then review how the employer responded to the harassment occurring in the workplace. This will include a determination of whether or not the employer tried to resolve the situation.

If the employer was aware of the issue and did not take any action to correct it, they can be held liable. It is very important for the individual who is harassing the employee to be notified that their conduct is not acceptable and should stop immediately.

When the employee notifies members of management, it provides them with the opportunity to prevent further harassment-related issues. The EEOC will review whether the harassment situation is pervasive and severe enough that a reasonable individual would find their work environment to be hostile, abusive, or intimidating.

In most cases, this requires that the employee demonstrate how the harassment affected their ability to perform their job duties. In addition to the federal laws that may apply, local and state laws in Arizona may regulate discrimination and harassment in the workplace.

Due to the range of laws that may apply in a hostile work environment case, it is important for an individual to consult with a local attorney in Arizona for advice about applicable laws and the best court to file their claim.

What Is a Hostile Work Environment?

Hostile work environments can be created when employees endure harassment that makes it very difficult or even impossible for them to perform their job duties. Harassment in these cases can be based on federally protected characteristics, such as:

• Race
• Disability
• Color
• Sex, including pregnancy
• National origin
• Age, if 40 or older
• Genetic information
• Religion
• Other characteristics that are legally protected

There are also many different individuals who can be responsible for creating hostile work environments, including:

• Coworkers
• Supervisors
• Managers
• Contractors
• Vendors
• Visitors
• Repeat clients
• Other individuals or staff who had contact with the employee

There are also other examples of situations that can create a hostile work environment, such as sexual harassment. It is essential for an employee who thinks they may be subject to a hostile work environment to consult with an attorney for more information on the issue and how it can be resolved.

When Should I File My Claim for a Hostile Work Environment?

When an employee thinks they may be suffering in a hostile work environment, they should attempt to address the issue immediately. This includes providing notifications to the harasser themselves, management, and Human Resources about the situation.

Notifying these parties is very important in a hostile work environment situation because it will provide evidence that the victim did report the issue to all parties involved. If the situation continues, the individual should report the harassment situation to the local Arizona agency that handles harassment in the workplace or the EEOC.

The agency that receives the complaint will attempt to provide a remedy for the hostile work environment situation and will inform the employee of whether or not they will be able to file a lawsuit in court.

How Do I Prove a Hostile Work Environment?

In order to support a hostile work environment claim, the employee will have to show that certain factors exist and certain actions have been taken. First, the individual should inform all of the parties listed above that the harassment is occurring.

This will show that the individual did report the harassment and that members of management were aware of the issue. The agency that is investigating the claim will then be able to determine whether or not members of management took any action to address the issue.

It is also very important for employees to keep records that are as detailed as possible of any interactions and communications they have with employers regarding the harassment, as it can be used as evidence. Each communication and notification should be provided in writing when possible so it can be used as evidence both in the complaint process and in court, if necessary.

What Types of Remedies Are Available for a Hostile Work Environment Claim?

Employment laws in Arizona provide legal remedies in cases involving hostile work environments. Compensatory damages are commonly awarded in these cases when defendants are found liable.

Compensatory damages are used to compensate the plaintiff for their lost wages or lost benefits that they incurred because of their inability to perform their job duties. These damages may also be provided when the plaintiff lost their job because of their work environment.

Damages are provided to put the individual back in the position they would have been if they had not lost their job due to their work environment. If the conduct of an employer was outrageous or egregious related to the hostile work environment, they may also be ordered to pay punitive damages.

Do I Need an Arizona Lawyer for a Hostile Work Environment Lawsuit?

Whether you are an employee facing a hostile work environment or an employer who has received a complaint, it is very important to consult with an Arizona hostile work environment lawyer for advice. Even though you are not required to have a lawyer for the complaints process, it is very important to have legal representation throughout to ensure your rights are protected.

Your attorney can help you file your complaint with the proper agency or properly respond to a complaint and provide you with advice regarding the process. If the EEOC or state agency cannot resolve your issue, you may be able to file a lawsuit in court.

Employees and employers alike can use the services provided by LegalMatch to help them find a lawyer to resolve their workplace issues. Your legal issue can be submitted on the website for free in a few minutes and, within about 24 hours, you will get responses from prescreened member lawyers who are ready to help with your case.