Both Kansas and federal laws protect employees from sexual harassment and verbal or physical abuse that creates a hostile environment in the workplace. Hostile work environment sexual harassment occurs when the harassment prevents the victim from performing the duties of their job. Or, the harassment may endanger a victim’s job.
Kansas law defines workplace harassment as conduct that is not welcome by an employee and is based on the victim’s race, color, religion, gender, pregnancy status, national origin, age if the victim is 40 or older, disability, or genetic information. A local attorney in Kansas would be able to provide additional information.
This unacceptable behavior violates the law when enduring the offensive conduct becomes a condition of continued employment. Or it may be illegal when the conduct is so severe or pervasive as to create a work environment that a reasonable person would consider intimidating or abusive.
Whenever possible, a person who believes they work in a hostile work environment should tell their human resources department (HR) about their experience. However, if HR cannot or does not address the issue, then a person may file a claim with either of the following administrative agencies:
- The Kansas Human Rights Commission (KHRC) or
- The federal Equal Employment Opportunity Commission (EEOC).
The KHRC enforces the Kansas Act Against Discrimination and the Kansas Age Discrimination In Employment Act. These Acts cover some smaller employers to which federal law does not apply. Specifically, Kansas laws apply to employers who have between 6 and 14 employees.
The federal laws apply only to employers who have 15 or more employees. So almost every employer must abide by the employment laws in Kansas. Only those with fewer than 6 employees are exempt.
A person may find instructions for filing a hostile work environment claim on the KHRC website. Likewise, a person may find instructions for filing a claim with the EEOC on its website.
Victims usually have as little as 180 days following the last act of harassment to file a claim with the KHRC or the EEOC. However, it is best never to wait. A person should consult with an attorney to discuss whether they have a claim and how much time they have to file it as soon as possible.
If the KHRC or EEOC gives a person a “right to sue letter,” they have only 90 days from the date on the letter to file a lawsuit against their employer in a court of law. If they do not sue their employer within the 90-day period, they lose their right to sue.
What Is a Hostile Work Environment?
Kansas law and Title VII of the federal Civil Rights Act are laws that most commonly apply to hostile work environment cases. Importantly, for workplace bullying to be illegal, the employee must show that they were the target of bullying because of a protected characteristic as noted above. Or it would suffice if a victim shows that they were the target because they complained about illegal discrimination.
Of course, federal law also applies in Kansas. Under federal law, a person would succeed with a hostile work environment lawsuit if they can prove all of the following elements:
- Protected Groups or Adverse Employment Outcomes: The first element is that the harassing conduct is related to the victim’s membership in a protected class. The protected classes are noted above.
- If an employee experiences adverse treatment in connection with their employment because of discrimination, the employer is automatically liable for harassment. “Adverse treatment” means a negative employment outcome, such as firing, a lay-off, lack of promotion, or the denial of an advantageous job assignment. However, a person may still complain about a hostile work environment even if they do not experience adverse treatment.
- Harassment: The conduct that a person experiences in a hostile work environment must be serious enough to qualify as harassment. Harassment can be either verbal or physical. It might be sexual harassment.
- Harassing conduct must relate 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 a person’s national origin means they are incompetent or, in some other way, creating a toxic work environment for the employee.
- Pervasiveness: The harassment must be pervasive, meaning that it occurs throughout the employer organization. It may also mean that the conduct has persisted for a long period of time. One single instance of harassment is not enough to be pervasive. Rather, the harassing activity must be repeated frequently over a period of weeks or months.
- Severity: The harassment 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 teases or ridicules an employee, they must do it with such frequency that it is unrelenting.
- A test the courts apply would be whether the conduct is so severe that it interferes with the employee’s ability to do their job. Courts also 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 supervisory 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 put an end to it.
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.
Also, if at any time, harassing conduct amounts to criminal conduct or makes the victim fear for their safety or their life, they should call the police immediately to report the incident. Then, a copy of the police report should be given to the employer. A person should also keep a copy in their records for future use.
When Should I File My Claim for a Hostile Work Environment?
A person has a limited time within which to file a hostile work environment claim. According to the EEOC, a person should submit their claim within 180 days from the date of the discrimination or the last incident of harassment. If the victim’s state also prohibits discrimination on the same basis as federal law, the deadline extends to 300 days. As noted above, Kansas law prohibits discrimination on the same basis as federal law.
A person should talk to an attorney in Kansas about how to deal with a hostile work environment and when and how to submit a claim. A person should do this promptly when they believe they are working in a hostile work environment so as not to miss any deadlines for taking action. An attorney would also be able to help a person collect the evidence they need to succeed with their claim. So it would be helpful to consult with an attorney.
How Do I Prove a Hostile Work Environment?
When a person files a workplace discrimination claim in Kansas, they may file with the KHRC or the EEOC, as noted above. Of course, a person must produce evidence to prove their claim. Evidence would be the testimony of witnesses to events and documents such as emails and records in a victim’s personnel file. As with any claim or lawsuit, there must be proof to support the allegations. A person would want to show the elements detailed above.
A person should keep a journal in which they record events of which there may be no other evidence. They may want to note the names of other people who might be witnesses.
If a person wants to take legal action for their workplace distress, they must be able to prove their claims.
A person must prove the following elements of a hostile work environment:
- They were harassed or discriminated against because of their gender, race, religion, age, sexual orientation, or other characteristic
- 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.
Again, a person would also want to prove that they reported the situation to their employer and that the employer did not try to alleviate the situation.
In addition to the elements of their claim, a person would have to prove the facts that would entitle them to the remedy they seek, e.g., that they suffered economic loss.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
The remedies that an employee can win for a hostile work environment claim may vary depending on the particular law that applies to their cases. Generally, however, remedies for Oklahoma employees who are victims of hostile work environments are as follows:
- Injunctive relief might be granted, which would be an order requiring the employer to take some action to alleviate the situation and prevent future harassment
- An employer might be ordered to put an employee back in the position they had before the discrimination
- Compensatory damages to compensate the employee for their economic losses
- Non-economic damages may be awarded to compensate a victim for their pain and suffering
- Attorney’s fees and court costs
- In some cases, the facts justify it, such as punitive damages.
Federal law requires a victim to prove that the employer showed “malice” or “reckless indifference” to justify an award of punitive damages.
Federal law places limits or caps on the value of punitive damages that an employee may recover. The federal limits on damages are different for different employers. Under federal law, the limits range from $50,000 for small employers to $300,000 for large employers.
Do I Need a Kansas Lawyer for a Hostile Work Environment Lawsuit?
You may believe that you work in a hostile environment or have suffered discrimination in your job. In this case, you want to talk to a Kansas hostile work environment lawyer as soon as possible. LegalMatch.com can connect you to an experienced lawyer who can review the facts of your situation and determine if you have a valid claim.
Your lawyer will be able to guide you through the process of pursuing your claim with government agencies and in a court of law if necessary. Your lawyer can help make sure that your right to work in a job free of harassment and discrimination is respected.
