In Arkansas, employees can file lawsuits against their employers for toxic work environments or hostile work environments when certain issues are present. When employees file lawsuits based on workplace issues, they are referred to as hostile work environment lawsuits.
When an employee files a lawsuit for a hostile work environment, they can file their lawsuit in federal court or in an Arkansas state court. The federal agency that enforces laws that protect employees, called workplace discrimination laws, is the Equal Employment Opportunity Commission (EEOC).
If an employee submits a workplace-related complaint, the appropriate Arkansas or EEOC agency conducts an investigation of the employee’s workplace to determine whether or not that workplace reaches the level of a hostile work environment. This will be determined by an examination of several factors by the agency, including:
- The frequency of harassment
- The employer’s response
- The type of conduct
- Discriminatory intent
- How severely the harassment affected the employee
What Is a Hostile Work Environment?
Hostile work environments are issues that employees may face at their workplaces when they face harassment, which makes it very difficult, or even impossible, for them to complete their work duties. Hostile work environments can be based on one characteristic or multiple characteristics, which are protected under the law, such as:
- Color
- Religion
- Genetic information
- Age, if 40 or older
- Sex, including pregnancy
- National origin
- Race
- Disability
- Other characteristics that are legally protected
Hostile work environments can occur in workplaces based on the conduct of numerous different individuals in the workplace, even people who are not employed there, such as:
- Contractors
- Managers
- Vendors
- Supervisors
- Coworkers
- Visitors
- Repeat clients
- Other individuals or staff
Another type of harassment that can create hostile work environments is sexual harassment. An individual in Arkansas might think they may be working in a hostile work environment. If this is the case, it is essential to consult with an attorney as soon as possible to help resolve the issue.
Workplaces in Arkansas will be considered hostile work environments if the individual is enduring severe or pervasive discrimination or harassment that makes the workplace abusive, hostile, or intimidating. The conduct must be based on a protected characteristic under federal law or Arkansas state laws, which may include:
- Age
- National origin
- Race
- Sex
- Sexual orientation
- Religion
- Color
There are different specific examples of actions that may cause a workplace to be classified as a hostile work environment, such as:
- Persistent discriminatory jokes or comments that are based upon the protected characteristics discussed above
- Displaying offensive material, which may include:
- Racially offensive symbols
- Explicit materials
- Derogatory content aimed toward a specific group
- Sexual harassment, including:
- Requests for sexual favors
- Unwanted sexual advances
- Other types of verbal or physical harassment that are of a sexual nature
- Retaliation for submitting the complaint, which may include:
- Demotion
- Exclusion
- Unfavorable job assignment
- Bullying or intimidation that is based on one or more protected characteristics, such as:
- Sabotage of work
- Verbal abuse based on a protected characteristic
- Threatening behavior
When Should I File My Claim for a Hostile Work Environment?
Claims for hostile work environments may be filed at any time the environment is ongoing. There are, however, certain steps that the employee should take before filing their complaint in order to ensure its success.
An employee should start by providing notification to the appropriate parties regarding the harassment, which may include:
- The harasser
- Inform them their conduct is unwelcome and inappropriate and should immediately stop
- Management
- Human Resources
If these notifications are made and the harassment continues, the employee should file their complaint with the EEOC or the appropriate Arkansas agency. The agency that receives the complaint will attempt to resolve the employee’s issue.
If the employee submits their complaint to the EEOC and the agency cannot resolve the issue to the employee’s satisfaction, they will provide the employee with a Right to Sue Letter. Once an employee receives their letter, they have 90 days to file a lawsuit.
How Do I Prove a Hostile Work Environment?
When the agency investigates an employee’s claim of a hostile work environment, it will review the conduct of all of the parties who are involved as well as the workplace situation to determine how pervasive the harassment was. In most situations, one single incident will not be considered a hostile work environment unless the one incident is extremely serious.
When an employee’s complaint is submitted to a federal agency or is filed in a federal court, they will have to demonstrate that the intent of the harassing party was discriminatory and that it was based on a legally protected characteristic. The investigating agency will also examine how management and the employer handled the issue.
If members of management did receive notification of the harassment and they did not take any steps to resolve or stop the harassment, they can be held liable for a hostile work environment. The complaining employee will be required to show that the harassment in the workplace had a major impact on their ability to do their job.
When an Arkansas employee is having issues at their workplace, they should consult with a local attorney in Arkansas who can explain the state or local laws that apply in addition to any federal laws. The employee should begin the process by notifying the individuals discussed above.
This is important because it will allow the agency to investigate whether management took any steps to resolve the harassment situation. It is important that the employee keep detailed records of their communications about the harassment because it can be used to support their claim and a court case.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There may be different types of remedies that are available in hostile work environment cases. Compensatory damages are one of the more commonly awarded categories of damages in these types of cases.
This category of damages is a monetary award that is provided to the plaintiff to compensate them for their lost wages or lost benefits resulting from the workplace harassment. Another category of damages that may be awarded is equitable remedies.
These damages may be awarded if it is determined that compensatory damages are not adequate compensation. These damages are not monetary remedies and may include things such as injunctions.
An injunction may require the employer to stop doing something or to take a certain action. This may include reviewing or rewriting office policies and procedures.
If the individual’s employer engaged in outrageous conduct, which may include participating in or encouraging the harassment against the employee, the employer may also have to pay punitive damages. These damages are ordered to discourage similar future conduct from both the employer and other parties.
Do I Need an Arkansas Lawyer for a Hostile Work Environment Lawsuit?
You may be an employer or an employee in Arkansas who is having a workplace issue that you think may reach the level of a hostile work environment. In that case, it is very important that you consult with an Arkansas hostile work environment lawyer.
Even though a lawyer is not always required to submit a claim for a hostile work environment or to participate in a hostile work environment investigation, it is important to have legal representation because the employee and the employer’s business can be greatly affected.
LegalMatch can assist you with finding an attorney who can help resolve your workplace issue by matching you with pre-screened and licensed lawyers in your area who are ready to help. Just submit your concern on the LegalMatch website, and in about 24 hours, you will get responses from lawyers who are ready to help.
