A Colorado employee may be able to sue their employer for a hostile work environment or toxic work environment in certain situations. If an employee files a lawsuit based on this work issue, it is called a hostile work environment lawsuit.
A lawsuit that claims an employee is facing a hostile work environment can be filed in a Colorado state court or in a federal court. The Equal Employment Opportunity Commission (EEOC) is a federal agency that is tasked with enforcing the federal workplace discrimination laws that protect employees.
If an employee submits a complaint, the Colorado state agency or the EEOC will conduct an investigation of their workplace to determine whether the workplace reaches the level of a hostile work environment. Numerous factors will contribute to this determination, including:
- The type of conduct
- The frequency of harassment
- The employer’s response
- Discriminatory intent
- How severely the harassment affected the employee
What Happens During a Hostile Work Environment Investigation?
When a hostile work environment is conducted, the agency will review the conduct of the employee as well as their workplace situation in order to determine how pervasive the harassment really is. In most workplaces, one single incident will not constitute a hostile work environment unless that single incident is extremely serious.
An employee who files a complaint will be required to demonstrate that their harasser’s intent was discriminatory and based on a federally protected characteristic if their complaint is filed with a federal agency or their lawsuit is filed in a federal court.
The agency that is investigating the complaint will review how management and the employer responded to the harassment situation. If management received notice of the issue and did not take any steps to fix the issue, they can be held liable.
This is reviewed by the EEOC or the state agency to find out whether the situation was so severe that a reasonable person would find their work environment to be abusive, hostile, or intimidating. This usually requires that the employee demonstrate that harassment in their workplace has a negative effect on their ability to do their job.
An employee in Colorado may be having issues in their workplace. If so, they should consult with a local attorney in Colorado to find out if there are state or local laws that may apply to the situation in addition to the federal laws. The employee’s attorney can assist them with filing their complaint with the EEOC or the state agency, help them through the whole process, and file their lawsuit in the appropriate court.
What Qualifies as a Hostile Work Environment in Colorado?
Hostile work environments arise at work when an employee faces harassment that makes it impossible or difficult for them to perform their job duties. Hostile work environment harassment may be based on certain federally protected characteristics, for example:
- Race
- National origin
- Religion
- Color
- Genetic information
- Sex, including pregnancy
- Disability
- Age, if 40 or older
- Other characteristics that are legally protected
There are numerous different parties that work for or are present in a workplace that can create a hostile work environment, such as:
Hostile work environments can be created by many different individuals, not all of whom are employed at the workplace, including:
- Coworkers
- Managers
- Vendors
- Supervisors
- Visitors
- Contractors
- Repeat clients
- Other individuals or staff who had contact with the individual who filed the complaint
Sexual harassment is another type of harassment that can create a hostile work environment situation. If a Colorado employee believes that they may be suffering from a hostile work environment, they should consult with an attorney for help resolving their issue.
When Should I File My Claim for a Hostile Work Environment?
Employees should file hostile work environment claims after they have done a couple of things. This includes providing a notification, which is best done in writing, to the parties that are harassing them, members of management, and the Human Resources department regarding the harassment.
This step should be taken before filing the claim because it will show that the employee who was being harassed reported the issue to the proper parties. If the harassment continues or management allows it to continue, the employee can file a complaint with a Colorado agency or the EEOC.
The agency investigating the claim will attempt to provide a remedy for the issue. If the claim was submitted to the EEOC and the issue is not resolved to the employee’s satisfaction, the EEOC may provide them with a Right to Sue Letter. After receiving one of these letters, the employee has 90 days to file a lawsuit in court.
How Do I Prove a Hostile Work Environment?
In order to prove there is a hostile work environment, an employee has to take the steps discussed above and make sure the proper notification was provided to the necessary parties. The agency investigating the claim will determine whether or not management took the proper steps to remedy the problem.
It is very important that the employee keeps records of communications they have about the situation as it can be used to help support their claim. As noted above, these communications should be done in writing.
As discussed previously, the employee will have to demonstrate that the harassment that was occurring in their workplace was severe enough that it affected their ability to do their job.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are several categories of remedies that may be available in a hostile work environment claim. The most common type of remedy awarded is compensatory damages.
These damages are meant to compensate the employee for lost wages or benefits that they lost due to the workplace harassment. Equitable remedies are another category of damages that may be awarded when compensatory damages are not adequate.
Equitable remedies can include requiring an employer to revise their policies and procedures to address and prevent workplace issues in the future. If an employer’s conduct related to the harassment was outrageous, they may be ordered to pay punitive damages.
Do I Need a Colorado Lawyer for a Hostile Work Environment Lawsuit?
If you are an employee or an employer in Colorado who is having a hostile work environment issue in your workplace, you should reach out to a Colorado harassment lawyer. It is not necessary for a lawyer to file a complaint with an agency or participate in an investigation, but it is still important to have legal representation, as there may be serious consequences in future litigation.
Your attorney will assist you with filing your claim with the appropriate Colorado agency or with the EEOC as an employee. As an employer, your attorney can help you make sure you properly respond and cooperate with any requests or investigations while ensuring your rights are protected.
If an agency cannot resolve the issue, your attorney will file a lawsuit on your behalf, whether you are the employee or employer. LegalMatch is an excellent resource for submitting your concern at no charge and receiving responses from lawyers who can help in about 24 hours. These responses will include information about the lawyer’s fees, background, and reviews so you can decide the best fit for your legal needs and budget.
