Yes, in the state of Kentucky, you are legally allowed to sue your employer for a hostile work environment. However, you must be able to prove all of the elements required to demonstrate that you were subjected to offensive and unwelcome conduct that manifested in the creation of a hostile work environment.
In general, lawsuits that are based on a hostile work environment are commonly brought under state or federal anti-discrimination laws. Discrimination laws are the set of laws in the United States that are intended to clarify what is and what is not considered to constitute discrimination in the workplace.
It is important to note that there are many different forms of discrimination that may occur in the workplace. Further, any discriminatory act may lead to the creation of a toxic work environment. These discriminatory acts may then serve to create a cause of action for an individual to sue their employer. Because of this, both employers and employees must understand what constitutes an unlawful action before filing a hostile work environment lawsuit.
One common type of discrimination that exists under federal and state laws is sexual discrimination. Sexual discrimination is an act that may occur in the workplace if an employer treats an employee or applicant unfavorably solely because of their gender.
For example, if an employer does not hire you solely because of your gender and not because you were not qualified for the job, that employer may be found guilty of sexual discrimination. This is because, under both state and federal laws, an employer cannot discriminate against employees or applicants based on their gender.
Specifically, under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees based on protected characteristics, including national origin, race, gender, disability, or other protected characteristics.
An employee who believes that they have been discriminated against based on a protected characteristic, such as their gender, may seek to file a discrimination complaint based on an employer’s treatment of them.
What Is a Hostile Work Environment?
As far as what constitutes a hostile work environment, Title VII of the Civil Rights Act of 1964 is the federal legal standard that is used by courts when considering whether or not a hostile work environment has been created.
Under the Civil Rights Act, it is illegal for employers to discriminate on the basis of race, religion, gender, disability, or other protected characteristics. Racial, religious, or sexual harassment in the workplace may constitute unlawful discrimination.
Further, if that discriminatory act creates a hostile work environment by altering an employee’s working conditions or making it difficult or impossible for that employee to perform their job duties, then there may be grounds for a hostile work environment lawsuit.
Title VII of the Civil Rights Act also created the Equal Employment Opportunity Commission (“EEOC”), which is an agency charged with monitoring violations of the Act and is also charged with receiving and investigating complaints.
In general, the following requirements must be met in order to prove that a hostile work environment has been created:
- The workplace harassment must be both “severe” and “pervasive,” which means more than a singular offensive remark or act of teasing must have occurred. However, more severe acts may require less pervasiveness.
- The discrimination that occurred must have been made against a protected class.
- The harassment and discrimination must be based on an “objective” standard, which means that a reasonable employer knew or should have known that a hostile environment had been created.
- The employer must have failed to intervene.
When Should I File My Claim for a Hostile Work Environment?
If a hostile work environment has impacted your job, you should always take immediate action to remedy your situation. As such, it’s important to do all of the following if you believe a hostile work environment has been created:
- Document Everything: It is important first to keep a detailed record of any incidents that led to the creation of a hostile work environment, including information such as dates, times, descriptions, and any witnesses.
- Report to Your Employer: After you have a detailed record of the harassment, you should then always notify your employer about the discriminatory actions, as they should be given an opportunity to investigate and take appropriate action on your behalf.
- Consult With an Attorney: If your employer doesn’t take appropriate actions to address your issue or if your situation worsens, you should then immediately consult an employment law attorney in your area to assist you.
It is important to be aware of the statute of limitations for workplace discrimination lawsuits in Kentucky. Kentucky law provides that you have five years from the date of the alleged discriminatory act to file a claim.
How Do I Prove a Hostile Work Environment?
As mentioned above, in order to prove a hostile work environment in Kentucky, you must demonstrate that you were subjected to unwelcome behavior based on a protected characteristic.
After that, you must demonstrate that the harassment was severe or pervasive enough to create a hostile work environment that affected your ability to conduct your employment. Finally, you must prove that your employer knew or should have known about the harassment but failed to take appropriate action.
It is important to note that before pursuing legal action in Kentucky, you must initiate a discrimination charge with the Equal Employment Opportunities Commission or your local state agency.
Then, after the EEOC or state agency has conducted an investigation into your claim, you will be given a right-to-sue letter, which you may then utilize to pursue a private court action. A local attorney in Kentucky will be able to ensure that you follow all of the necessary steps.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are several different remedies available for a hostile work environment claim in Kentucky. Although it may seem obvious, one of the main remedies available is for your workplace to actually take appropriate action to remedy your issues.
For instance, they may take action and fire the employee or employees responsible for creating the hostile work environment or offer to move you to a different position where there is no hostile work environment.
However, if your employer does not take appropriate action to remedy your situation, then the EEOC may step in to stop the offensive behavior through a cease and desist letter. Additionally, if you have experienced emotional distress, lost wages, or other economic damages, your employer may be required to compensate you for such economic injuries. You may also seek damages from your employee in a private civil lawsuit.
The EEOC may also require that your employer revise their employment policies and provide training to all their employees in order to prevent future incidents of workplace harassment. Further, if you were terminated as a result of a hostile work environment, you may also seek to be reinstated to your previous position.
Finally, if you decide to go the private civil lawsuit route, you may also seek attorney fees as a part of your damage claim in your lawsuit. In other words, if you win your private lawsuit, your employer may be responsible for covering the legal fees that you incurred while pursuing your hostile work environment lawsuit against them.
Do I Need a Kentucky Lawyer for a Hostile Work Environment Lawsuit?
If you have been subjected to a hostile work environment in Kentucky, it is in your best interests to immediately contact an experienced Kentucky hostile work environment lawyer in order to ensure your rights are protected. LegalMatch can assist you in setting up a consultation with an experienced harassment attorney in your area.
An experienced harassment attorney can help you understand your legal rights and options according to both federal law and Kentucky’s specific discrimination laws. An attorney will also be able to represent you in court, as needed, should your issue require legal action, such as filing a hostile work environment lawsuit.
