In Indiana, as in other states, employees may be able to sue their employers when they face a hostile work environment or a toxic work environment. When an individual files a lawsuit based on this type of issue, it is called a hostile work environment lawsuit.
A lawsuit alleging a hostile work environment can be filed in an Indiana state court or in a federal court. There is a federal agency, the Equal Employment Opportunity Commission (EEOC), that enforces federal workplace discrimination laws that protect employees.
When employees submit complaints, the proper state agency or the EEOC conducts an investigation of the workplace to determine if the issues rise to the level of a hostile work environment. Factors that may contribute to a hostile work environment situation include:
- The frequency of harassment
- Discriminatory intent
- The type of conduct
- The employer’s response
- How severely the harassment affected the employee
Hostile work environment investigations may include a review of the conduct and actions of the complainant and individuals at their workplace to determine how often the harassment occurs. This will include a determination of whether the harassment was pervasive or was limited to only one single incident.
One single incident will usually not be considered a hostile work environment unless it was one extremely serious incident. The individual who filed the complaint will need to demonstrate that the harasser’s intent was discriminatory and was based on federally protected characteristics when filing their claim in federal court or with a federal agency.
The investigating agency will look into how the employer or management responded to the harassment complaint. If management and the employer were notified of the harassment situation but did not take any steps to correct it, they can be held liable.
Employees should inform the person who is harassing them that their conduct is not welcome and should stop immediately. If the complainant first notifies members of management, their employer will have an opportunity to take steps to correct the harassment.
The harassment will be reviewed by the EEOC or the state agency to determine whether or not it was severe enough that a reasonable person would find that their work environment was abusive, intimidating, or hostile. Often, this requires that the complainant demonstrate that it affected their ability to perform their job duties.
It is essential to reach out to a local attorney in Indiana and find out if there are also other Indiana state or local laws that may apply. An attorney can also help file the initial complaint with the EEOC or state agency, assist throughout the process, and file the lawsuit in the correct court.
What Is a Hostile Work Environment?
Hostile work environments are situations in an individual’s workplace that arise when they are enduring harassment, which makes it difficult or impossible for them to do their jobs. In these situations, the harassment might be based on a federally protected characteristic, such as their:
- Race
- Religion
- Disability
- Age, if 40 or older
- Genetic information
- National origin
- Color
- Sex, including pregnancy
- Other characteristics that are legally protected
Many different individuals may also be responsible for creating hostile work environments, such as:
- Coworkers
- Supervisors
- Contractors
- Managers
- Visitors
- Repeat clients
- Vendors
- Other individuals or staff who had contact with the individual who filed the complaint
Sexual harassment may also lead to a hostile work environment situation. If an employee believes that they are facing a hostile work environment, they should consult with an attorney for more information on how they can resolve their issue.
When Should I File My Claim for a Hostile Work Environment?
An employee should file their claim for a hostile work environment after they have completed a couple of tasks. First, they should notify, preferably in writing, the individual or individuals harassing them, members of management, and their Human Resources department regarding the situation.
This is an important step to take before filing a complaint because it will provide proof that the employee who was being harassed reported the issue to the parties involved, as well as the proper members of management. If the harassing situation continues, the individual should report the issue to the proper local agency in Indiana or the EEOC.
The agency that receives the complaint from the individual will attempt to provide a solution to remedy the issue. They will also advise the employee if they may be able to file a lawsuit in court in some situations.
When an individual’s claim is submitted to the EEOC and the issue is not satisfactorily resolved, the EEOC will issue a Right to Sue Letter. The individual will then have 90 days from receiving this letter to file their lawsuit.
How Do I Prove a Hostile Work Environment?
In order to prove a hostile work environment claim, the individual must take the steps discussed above to ensure proper notification was provided. The agency that is investigating the claim will determine if management took proper steps to provide a remedy.
It is very important that the individual keeps records of the communications they have with others about the situation, as it may be used as evidence in their claim or in court. If it is possible, notifications and communications regarding the harassment should be made in writing.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are different types of legal remedies that may be provided in hostile work environment claims. Typically, compensatory damages will be awarded to a plaintiff when their employer is found liable for a hostile work environment.
These damages are given to the plaintiff to compensate them for lost benefits or wages they incurred because of their inability to do their job. There is also another category of remedies, called equitable remedies, that may be awarded if monetary damages are inadequate.
This category of remedies includes injunctions that require an employer to cease certain conduct or that require them to do something, such as review their procedures and policies to prevent issues in the workplace in the future.
If it was determined that the employer’s conduct related to the harassment was egregious, they may also have to pay punitive damages.
Do I Need an Indiana Lawyer for a Hostile Work Environment Lawsuit?
You may be an employee or an employer who is having any type of issue with a hostile work environment at your workplace. If this is the case, it is very important to reach out to an Indiana hostile work environment lawyer. Although a lawyer is not required to file a complaint with an agency or when participating in a workplace investigation, it is important to be represented, as there may be serious ramifications and the possibility of future litigation.
Your attorney can help you file your complaint with a state agency of the EEOC or can ensure that, as an employer, you are properly responding to the agency’s requests and cooperating with the investigation. If the state agency or EEOC cannot resolve the issue, your attorney will represent you in court and file a lawsuit on your behalf, if necessary.
LegalMatch can help you find legal help for your workplace issue as an employee or an employer. All you have to do is submit your question or concern on the website for free, and you will receive responses from member lawyers in around 24 hours, including information on their education, background, and fees.
