In Connecticut, employees might be able to sue their employers for toxic work environments or hostile work environments when certain circumstances are present. When employees file lawsuits based on these types of workplace issues, they are called hostile work environment lawsuits.
When an employee files a hostile work environment lawsuit, they can file it in a federal court or in a Connecticut state court. There is a federal agency that enforces laws protecting employees, workplace discrimination laws, called the Equal Employment Opportunity Commission (EEOC).
If an employee submits a complaint related to their workplace, the appropriate Connecticut state agency or the EEOC will conduct an investigation of their workplace in order to determine whether it does reach the level of a hostile work environment. Several factors will be examined to make this determination, including:
- The type of conduct
- Discriminatory intent
- The frequency of harassment
- How severely the harassment affected the employee
- The employer’s response
What Is a Hostile Work Environment?
Hostile work environments arise in workplaces where employees face harassment which makes it very difficult, or even impossible, to perform their work duties. Hostile work environments may occur based upon one or multiple characteristics which are protected by federal law, such as:
- Race
- Disability
- Religion
- Color
- National origin
- Age, if 40 or older
- Sex, including pregnancy
- Genetic information
- Other characteristics that are legally protected
Hostile work environments in workplaces may occur based on the conduct of numerous different categories of individuals in the workplace, including some who are not employed there, such as:
- Coworkers
- Visitors
- Vendors
- Supervisors
- Repeat clients
- Contractors
- Managers
- Other individuals or staff
Another type of harassment that can create a hostile work environment is sexual harassment. When a Connecticut employee believes they are suffering from a hostile work environment, they should consult with an attorney as soon as possible for help resolving the issue.
In Connecticut, a workplace will be considered a hostile work environment when an employee has to endure pervasive or severe discrimination or harassment which makes their work environment abusive, hostile, or intimidating. The conduct must be based on a characteristic that is protected under Connecticut state law or federal law, such as:
- Color
- Race
- Sex
- Age
- National origin
- Religion
- Sexual orientation
Specific examples of conduct that may be deemed a hostile work environment in Connecticut include:
- Persistent discriminatory comments of jokes that are based on the protected characteristics listed above
- Retaliation for submitting a complaint, such as:
- Demotion
- Unfavorable job assignment
- Exclusion
- Bullying or intimidation that is based on a protected characteristic, for example:
- Sabotage of work
- Threatening behavior
- Verbal abuse based on a protected characteristic
- Displaying offensive material, such as:
- Explicit materials
- Racially offensive symbols
- Derogatory content towards specific groups in the workplace
- Sexual harassment, including:
- Requests for sexual favors
- Unwanted sexual advances
- Other types of physical or verbal harassment of a sexual nature
When Should I File My Claim for a Hostile Work Environment?
Hostile work environment claims may be filed after employees complete a couple of tasks. It is important to do these tasks first, as they will serve as the basis of a successful claim.
The first step the employee should take is not notify the proper parties regarding the harassment, which include:
- The harasser themselves, informing them their conduct is unwelcome and inappropriate
- Management
- Human Resources
This step should be taken before submitting a claim because it will show that the employee did ask the harasser to stop their conduct as well as inform the necessary parties about the issue. If the harassment continues, the employee should then file a claim with the EEOC or the proper Connecticut agency.
The agency that receives the employee’s claim will attempt to resolve their issue. If the employee submitted their claim to the EEOC and the EEOC cannot resolve the situation, it may give the employee a Right to Sue Letter.
If the employee receives a Right to Sue Letter, they will then have 90 days to file a lawsuit in court.
What Happens During a Hostile Work Environment Investigation?
When an agency is investigating a hostile work environment, it will review the conduct of the employee as well as their workplace situation to determine how pervasive the harassment is. In most investigations, one single incident will not create a hostile work environment unless it was a very serious incident.
If the complaint is submitted to a federal agency or filed in a federal court, the employee that submitted the complaint will be required to show that the harasser had discriminatory intent and the discrimination was based on a characteristic that is federally protected. The agency, whether state or federal, will review the responses from management and the employer.
If management was notified of the issue and they did not take any steps to resolve it or stop the harassment, they may be held liable. The employee will likely have to demonstrate that the harassment in their workplace had a negative effect on their ability to complete their job duties.
If a Connecticut employee is having any type of issue in their workplace, it is important to consult with a local attorney in Connecticut to determine if there are state or local laws that apply to their case in addition to the federal laws that do apply.
How Do I Prove a Hostile Work Environment?
If an employee needs to show they are working in a hostile work environment, they should take the steps listed above to ensure that the proper parties are notified. The agency investigating the claim will determine whether or not members of management or the employer took the proper steps to remedy the workplace issue.
The employee submitting the claim should make sure they keep detailed records of any of the communications they had about the harassment because it can be used to support their claim. An employee will also be required to show that the harassment was so severe that it affected their ability to perform their job duties.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Courts can award different types of legal remedies in hostile work environment cases. Compensatory damages are one of the most commonly awarded categories of damages in these cases.
These are monetary awards that are given to compensate the employee for their lost wages or benefits that were lost because of the workplace harassment. There is also another category of possible remedies, equitable remedies, which are provided to a plaintiff when compensatory damages would not be adequate compensation.
These remedies may include ordering the employer to update their procedures and policies in order to prevent and address any workplace harassment issues. If the employer’s conduct was outrageous, including if they encouraged or participated in the harassment, they may also be required to pay punitive damages.
Do I Need a Connecticut Lawyer for a Hostile Work Environment Lawsuit?
Whether you are an employee or an employer in Connecticut who has any issues, questions, or concerns related to a hostile work environment, you should reach out to a Connecticut hostile work environment lawyer as soon as you can. You are not required to have a lawyer for submitting a claim or participating in an investigation but it is very important to do so as your job or company may be greatly affected.
LegalMatch can help you find help resolving your workplace issue by providing you information about pre-screened and licensed attorneys in your area who can help. All you have to do is submit your question on the website and, within around 24 hours, you will receive responses from lawyers who are ready to help which include information on their background, education, fees, and reviews from other clients.
