An employee who works in Delaware may have the opportunity to file a lawsuit against their employer if they are experiencing a toxic work environment, which can also be called a hostile work environment, when they are having certain issues in their workplace. When a Delaware employee files a lawsuit based on their workplace issue, it can be referred to as a hostile work environment lawsuit.
If an employee has to file a lawsuit based on their hostile work environment, it can be filed in a Delaware federal court or state court, depending on the issues. In most situations, employees are protected by workplace discrimination laws.
Workplace laws are enforced by the Equal Employment Opportunity Commission (EEOC), a federal agency. In certain situations, an employee may have to submit a claim related to their workplace.
In these types of situations, a state agency or the EEOC will investigate the employee’s claim to determine if their Delaware workplace issue rises to the level of a hostile work environment. The agency investigating the claim will review numerous issues in order to determine the severity of the environment, including:
- The type of conduct
- How severely the harassment affected the employee
- The frequency of harassment
- The employer’s response
- Discriminatory intent of the harasser
What Is a Hostile Work Environment?
An employee may experience a hostile work environment if the harassment that is occurring is making it difficult or impossible for them to perform their job duties. Hostile work environments may be based on a single protected characteristic or on multiple characteristics, which may include:
- Color
- National origin
- Disability
- Age, if 40 or older
- Sex, including pregnancy
- Religion
- Genetic information
- Race
- Other characteristics that are legally protected
Hostile work environments can also occur in workplaces because of the conduct of individuals in the workplace, even if they are not employees, such as:
- Visitors
- Repeat clients
- Contractors
- Managers
- Supervisors
- Coworkers
- Vendors
- Other individuals or staff
Additionally, there can be other forms of harassment, such as sexual harassment, that may create a hostile work environment. A workplace in Delaware can be considered hostile if the employee endures pervasive and severe discrimination or harassment that makes their workplace abusive, hostile, or intimidating.
There are many different specific examples of conduct by individuals in a workplace that may cause a hostile work environment, such as:
- Retaliation for an employee submitting a complaint about their workplace, such as:
- Demotion
- Exclusion
- Unfavorable job assignment
- Discriminatory comments or jokes that are persistent and are based on one or more of the protected characteristics discussed above
- Offensive material being displayed, such as:
- Racially offensive symbols
- Sexual harassment, including:
- Unwanted sexual advances
- Requests for sexual favors
- Other verbal or physical harassment that is sexual in nature
- Derogatory content aimed toward a specific group
- Explicit materials
- Bullying or intimidation that is based on a protected characteristic, such as:
- Threatening behavior
- Verbal abuse based on a protected characteristic
- Sabotage of work
An employee in Delaware might think that they may be suffering from a hostile work environment. If this is the case, it is important to consult with an attorney as soon as possible to help resolve the workplace issue.
When Should I File My Claim for a Hostile Work Environment?
Hostile work environment claims may be filed when a hostile work environment is present or ongoing. There are certain steps that an employee should take prior to submitting their complaint that can help ensure the success of their claim.
A Delaware employee should start by providing notification to the proper parties regarding their workplace issue, which includes:
- Management
- Human Resources
- The actual harasser, by telling them that their conduct is unwelcome, inappropriate and should immediately cease
When a Delaware employee makes these notifications but the harassment does not stop, they should file a complaint with the EEOC or with the proper Delaware agency. If the employee does not know which agency to file their complaint with, they should reach out to a lawyer in their area for guidance.
How Do I Prove a Hostile Work Environment?
To show that a hostile work environment exists in the workplace, the employee will need to show that the party engaging in the harassment has discriminatory intent based on one or more protected characteristics. The agency conducting the investigation of the Delaware workplace will review all of the conduct of the parties involved as well as their workplace to determine the pervasiveness of the harassment.
In most situations, one incident alone will not cause a workplace to rise to the level of a hostile work environment unless that one incident is extreme. If management was notified of the workplace issue and did not do anything to resolve it, they can be held liable for the hostile work environment.
Any time a Delaware employee has an issue in their workplace, it is essential that they reach out to a local attorney in Delaware who can explain the local, state, and federal laws that will apply in their case.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are a couple of different categories of remedies that might be available in a hostile work environment case. One of the more commonly provided remedies is monetary damages or compensatory damages.
This category of damages is intended to compensate an employee for the benefits and wages that they lost because of their workplace issues. If it is determined that compensatory damages will not sufficiently compensate a plaintiff, equitable remedies may be awarded.
An equitable remedy is not one that is based on monetary compensation. Instead, this category of remedies requires one of the parties either to take action or to stop doing something. For example, injunctions may be used to order employers to review their policies and procedures to avoid similar workplace issues in the future.
If an employer in Delaware has engaged in outrageous conduct, such as participating in or encouraging the workplace harassment, they may be ordered to pay punitive damages. Punitive damages are ordered in certain cases to discourage the employer involved in the case as well as other employers from engaging in the same or similar conduct in the future.
Do I Need a Delaware Lawyer for a Hostile Work Environment Lawsuit?
If you are a Delaware employee who thinks you may be suffering in a hostile work environment, you should reach out to a Delaware hostile work environment lawyer as soon as they can. Although you are not required to have an attorney help you file your claim, your attorney will be helpful with properly submitting your complaint, gathering the proper evidence, and ensuring your claim is successful.
If you can consult with a lawyer before you submit your claim, your lawyer will help ensure that you submit your claim to the proper Delaware agency so that it can be processed efficiently. In addition, your lawyer can give helpful advice throughout the process of the claim.
LegalMatch is an excellent place to find a lawyer in your area to help you resolve your hostile work environment issue. Simply submit your issue for free on the website, and you will get lawyer matches and responses in around 24 hours from licensed and pre-screened lawyers in your area.
