It is illegal under federal and Georgia law for a person to have to endure significant harassment in their workplace. A person’s first step should be to report the harassment to their employer. If a person’s employer fails to take action to stop the harassment, a person may then want to consider a hostile work environment lawsuit. Making sure that the employer knows about the harassment or should have known is a necessary prerequisite to filing a claim.
A person whose employer has failed to act to stop workplace harassment may first file a claim with the federal Equal Employment Opportunity Commission or the Georgia Commission on Equal Opportunity. It is critical that the employee first report the harassment to their employer. Again, only if the employer fails to act would a person file a claim with one of these agencies.
The federal laws that protect employees from employment discrimination include the following:
- Title VII of the Civil Rights Act of 1964;
- The Age Discrimination in Employment Act of 1967 (ADEA);
- The Americans with Disabilities Act of 1990 (ADA).
What Is a Hostile Work Environment?
Success with a claim of hostile work environment would require the employee to prove all of the following elements:
- Protected Groups or Adverse Employment Outcomes: The first element that must be proven is that the harassing conduct is related to the employee’s membership in a protected class. The protected classes are based on gender, race, ethnicity, age, sexual orientation, religion, and national origin.
General harassment that is not related to an employee’s membership in a protected group means that the employee must show they were subject to “adverse treatment.” “Adverse treatment” means a negative employment outcome, such as firing, a lay-off, lack of promotion, or the denial of an advantageous job assignment;
- Harassment: The conduct of which an employee complains must be serious enough to qualify as harassment. Harassment can be either verbal or physical. It might be sexual harassment. It must be related to the employee’s membership in a protected class. Conduct that qualifies as harassment would be such conduct as another employee repeatedly making comments to the effect that an older employee’s age makes them unfit to do their job or otherwise creating a toxic work environment for an elderly employee;
- Pervasiveness: The harassment must be pervasive, meaning that it is spread throughout the employer organization. It may also mean that the conduct has persisted for a long period of time. A single incident is not pervasive. Rather, an offensive comment must be repeated many times over the course of weeks or months;
- Severity: The hostile behavior must be severe. It must be something more than occasional rudeness or tasteless joking. Instead, the behavior should be intimidating, offensive, or abusive. For example, if a co-worker is teasing or ridiculing an employee, it must be so frequent as to be unrelenting.
A test the courts apply would be whether the conduct is severe enough to qualify as harassment and whether it has interfered with the employee’s ability to do their job. Courts apply the “reasonable person” test, which asks whether a reasonable person would characterize the behavior as abusive or intimidating and how a “reasonable person would probably react if subjected to the same circumstances;
- Knowledge or Intent: Finally, it must be the case that the employer knew, or should have known, about the harassing behavior. This may be easier to prove if the harasser is in a managerial or superior position. If the harasser is a co-worker, the employee making a claim must prove that the employer was aware of the harassment and also did nothing to prevent it.
All of these elements must be proven if a worker is to succeed with a claim that they have worked in a hostile work environment. A person would want to consult with an attorney to discuss their situation and whether it rises to the level of harassment as defined above.
When Should I File My Claim for a Hostile Work Environment?
The first step a person needs to make in putting together a claim for a hostile work environment is to make sure they are a victim of a hostile work environment. As noted above, the type and extent of the harassment that qualifies is characterized by repeated, serious insults, threats, or offensive humor about a person’s membership in a protected class. Protected classifications are a person’s race, religion, gender, age, or disability.
If a person believes that they are the victim of a hostile workplace harassment, they first need to take the following steps:
- Gather Evidence: An employee should collect and keep text messages, emails, and other communications that clearly demonstrate the harassment;
- Keep a Diary: An employee wants to record in writing the date, time, and nature of harassing incidents. The more accurate and routine the entries, the better it would be for their case;
- Report Harassment to the Boss: If a co-worker who is harassing a person, they would report it to the boss. If the harassment is coming from their boss, a person would report it to someone in the Human Resources (HR) department. If there is no HR department, then it may be time for a person to consult with a local attorney in Georgia.
A person may then want to consult a lawyer so as to get an objective view of their situation and guidance as to how best to proceed.
How Do I Prove a Hostile Work Environment?
Again, a person must have evidence that shows that their workplace is toxic or hostile. As noted above, a person would want to record the incidents as they occur. They would want to collect records of communications, e.g., phone messages, text messages, emails, and the like, that show evidence of the hostile conduct.
If a person wants to take legal action for their workplace distress, they must be able to prove their claims. Legal remedies include compensation for any economic losses and for pain and suffering. In some cases, a person may be awarded punitive damages because the perpetrator’s conduct was especially egregious. A person must prove the following elements:
- They were harassed or discriminated against because of their gender, race, religion, age, or sexual orientation;
- The treatment was not welcome;
- The behavior went on consistently for a long period of time;
- The person reported the harassment or discrimination to their boss or HR, but the employer did not take action to stop it.
What Constitutes a Hostile Work Environment?
As noted above, a hostile work environment is one in which a person is harassed or discriminated against to the point that it affects their ability to do their job competently.
Examples are as follows:
- Repeatedly being the subject of offensive jokes, indecent sexual or age-related comments, racial slurs or verbal threats;
- Inappropriate touching or gestures;
- Oppressive conduct and mistreatment by superiors
- Humiliation by co-workers;
- Being harassed to the point that a person must quit their job.
Co-workers, bosses, managers, and any other person with whom an employee interacts may create a hostile workplace. However, it is important to remember that every annoying behavior does not amount to creating a hostile work environment, discrimination, or workplace harassment.
What Should I Do if I Work in a Hostile Environment?
Both the state and federal laws protect an employee from the conduct that creates a hostile work environment. If a person finds themselves in such an environment, they first want to report any harassment or discriminatory behavior to the management. .
A person may also file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing many federal employment laws, including discriminatory laws such as the Americans with Disabilities Act.
Even before a person decides to report the issue, they want to collect evidence of what has been done to them. A person always wants to record the incidents as they occur to give their lawyer then the time comes to consult one.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
The remedies available in any employment discrimination case depend on the facts of the case and the law that is the basis of the claim. Remedies for hostile work environment discrimination claims may include an injunction prohibiting the harassment, reinstatement to a job if a person lost their job because of the harassment, back pay, front pay, and compensatory and possibly punitive damages.
Do I Need a Georgia Lawyer for a Hostile Work Environment Lawsuit?
If you think you are, or were, working in a hostile work environment, you want to contact a Georgia workplace lawyer. LegalMatch.com can connect you to a lawyer who can immediately begin to help you protect your rights. Your paycheck is undoubtedly important to you, so trying to remedy a hostile workplace environment can be challenging and stressful. Having an experienced lawyer to represent you will help. Talk to a lawyer today through LegalMatch.com.
