In the State of Illinois, an individual may be able to sue their employer for a hostile work environment. A hostile work environment lawsuit can be filed in an Illinois state court or in a federal court.
Federal laws that govern workplace discrimination based on protected characteristics are enforced by the federal agency called the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims that are submitted by workers to find out if a workplace situation meets the criteria for hostile work environments, which includes an investigation of:
- The frequency of the harassment
- The employer’s response
- How the harassment affected the employee
- Discriminatory intent
- The type of conduct
The EEOC investigates the actions of each of the parties that are involved in order to determine the type of harassment that is occurring. The EEOC will also investigate whether the harasser’s conduct was pervasive and long-lasting or if it was only one isolated incident.
One incident alone will typically not meet the requirements for hostile work environments unless it is very serious. A worker must show that discriminatory intent existed in order to win a claim in federal court.
Harassing conduct must be discriminatory in nature and must be based upon federally protected characteristics. In addition, the EEOC will conduct an investigation regarding how the employer responded to the situation.
This investigation may include determining whether or not the employer actually took any steps to remedy the harassment. If the employer knew about the ongoing issue but did nothing, they would be more likely to be held liable for a hostile work environment.
The victim needs to inform the harasser directly that their conduct is not welcome and should cease immediately. It is also important for the worker to bring up the issue with management as soon as possible.
Notifying management provides them with the opportunity to prevent an escalation of the hostile work environment. It also provides management with an opportunity to address the issue further.
The EEOC will determine whether or not the harassment was pervasive or severe enough to cause a reasonable individual to consider the toxic work environment as hostile, abusive, or intimidating. Usually, this will require that the worker is so affected by the harassment that it affects their ability to perform their job duties.
It is important to note that there may be Illinois local or state laws that regulate discrimination and harassment in the workplace in addition to the federal laws that apply. Because of this, a worker should reach out to a local attorney in Illinois for advice about the proper court in which to file their claim.
What Is a Hostile Work Environment?
A hostile work environment can be created when a worker is facing harassment that makes it extremely difficult or impossible to perform their work duties. This includes conduct that unreasonably interferes with the performance of the worker based on one or more of the following:
- Race
- National origin
- Disability
- Color
- Age, if 40 or older
- Genetic information
- Sex, including pregnancy
- Religion
- Any other characteristic that is legally protected
There are many different types of individuals who may contribute to creating a hostile work environment, such as:
- Repeat clients
- Contractors
- Vendors
- Supervisors
- Managers
- Coworkers
- Visitors
- Other staff who may have had contact with the complainant
Not all isolated incidents or petty slights will reach the level of a hostile work environment. Other issues that may create a hostile work environment include sexual harassment.
It is very important that a worker consults with an attorney for information on how a hostile work environment can be created as well as whether or not they may be experiencing this type of workplace environment.
When Should I File My Claim for a Hostile Work Environment?
When someone believes they may be in a hostile work environment, it is essential to handle the issue immediately. The worker should inform the actual harasser, management, and Human Resources if there is such a department.
These are very important steps because they will provide evidence that the worker did report the harassment, which will help their claim succeed. If the harassment continues, the worker should report it to the local agency in Illinois that is in charge of harassment in the workplace or the EEOC.
The agency will investigate the worker’s claim as well as attempt to remedy the issue and determine whether or not a lawsuit needs to be filed.
How Do I Prove a Hostile Work Environment?
A worker has to show certain things to prove a hostile work environment. Proving a claim begins with informing the parties listed above.
This notification will allow the worker to show whether management took any actions to stop the harassment. The worker should make sure they keep detailed records of any communication with their employer about the harassment because these can be used as evidence.
It is important to provide these types of notifications in writing when possible, as these documents can be used as evidence in court. This may be possible by using email, letters, or memos.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Illinois employment laws may provide legal remedies for hostile work environments. Compensatory damages are often awarded in hostile work environment cases.
These types of damages may provide compensation for the worker’s lost benefits or wages that resulted from the worker’s inability to perform their job. In some cases, a hostile work environment can cause a worker to lose their job.
Compensatory damages are also provided to workers to try and put them in the same position as they would have been if they had not been forced to leave their jobs by the hostile work environment. If the employer’s behavior was particularly egregious, the employer may have to pay the worker punitive damages if the employer engaged in intentional conduct that contributed to the hostile work environment.
Do I Need an Illinois Lawyer for a Hostile Work Environment Lawsuit?
If you are concerned about a hostile work environment in your workplace in Illinois, it is very important to consult with an Illinois hostile work environment lawyer. You do not have to have an attorney when you file a complaint with the EEOC or a state agency but having one will help ensure that your claim is properly filed and is filed with the correct agency.
In some cases, the EEOC or the state agency will not be able to sufficiently resolve your issue or dispute. When this happens, your lawyer will be able to file a lawsuit on your behalf in the proper court.
An attorney can also help you if you are an employer who is facing a hostile work environment complaint or lawsuit. If you have to appear in court to resolve the issue, your lawyer will appear in court on your behalf.
In some cases, an issue can be resolved using alternative dispute resolution methods, such as mediation, outside of the courtroom. Cases involving hostile work environments can be serious for both employers and workers, as their jobs and workplaces are at issue.
Both workers and employers can use LegalMatch to find an attorney who can help resolve workplace issues. All you have to do is submit your issue on the website in just a few minutes and at no charge and wait about 24 hours for responses from licensed and pre-screened member attorneys.
