Yes, as a citizen of Louisiana you are legally allowed to sue your employer for a hostile work environment if you are 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.
Generally speaking, lawsuits based on a hostile work environment are commonly brought under state or federal discrimination laws. Discrimination laws are the set of laws in the United States that are intended to define 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, which could lead to the creation of a toxic work environment. These discriminatory acts may then 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 may occur in the workplace if an employer treats an employee or applicant unfavorably because of their gender.
For example, an employer might not hire an individual only because of their gender and not because they were not qualified for the job. In that case, the 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 their national origin, race, gender, disability, or other protected characteristics.
An employee who believes that they have been discriminated against based on a protected class, 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 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 all constitute unlawful discrimination if the 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.
In other words, if the discrimination in the workplace arises to a level where the employee is unable to perform their job duties, then that would likely be enough proof to demonstrate that a hostile work environment has been created.
Title VII of the Civil Rights Act also created the Equal Employment Opportunity Commission (“EEOC”), which is an agency that monitors violations of the Act and is charged with receiving and investigating complaints.
In general, the following requirements must be met in order to demonstrate that a hostile work environment has been created:
- The workplace harassment must be both “severe” and “pervasive,” meaning that a singular offensive remark or act of teasing will not typically constitute sufficient grounds to demonstrate a hostile work environment.
- The discrimination that occurred must be against a protected class.
- The harassment and discrimination must be based on an “objective” standard, meaning that a reasonable employer knew or should have known that a hostile environment had been created.
- The employer must have failed to intervene.
What Is Considered a Hostile Work Environment in Louisiana?
In the state of Louisiana, a hostile work environment is defined as any unwelcome verbal, visual, or physical conduct based on an individual’s race, color, religion, sex, age, national origin, disability, or sexual orientation that creates an intimidating, hostile, or offensive atmosphere.
For example, workplace discrimination, sexual harassment, racial slurs, and aggressive behavior by coworkers or supervisors may all constitute a hostile work environment in Louisiana.
It is important to note that before pursuing legal action in Louisiana, 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 receive a right-to-sue letter, which you may then utilize to pursue a private court action. A local attorney in Louisiana will be able to ensure that you follow all of the necessary steps.
When Should I File My Claim for a Hostile Work Environment?
If your job has been impacted by a hostile work environment, you should always take immediate action. 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 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: Next, you should always notify your employer about the discriminatory actions, as they should be given an opportunity to investigate and take appropriate action.
- Consult With an Attorney: If your employer doesn’t take appropriate actions to address the issue or if your situation worsens, you should then immediately consult an employment law attorney in your area.
It is important to be aware of the statute of limitations for workplace discrimination lawsuits in Louisiana. Louisiana law provides that you have 300 days from the date of the alleged discriminatory act to file a claim with the Louisiana Human Rights Commission (“LHRC”)
However, if you choose to file your claim with the EEOC, then you have 180 days from the date of the alleged discrimination. However, if Louisiana law specifically prohibits the discriminatory action that occurred, the timeframe is extended to 300 days.
How Do I Prove a Hostile Work Environment?
As mentioned above, in order to prove a hostile work environment in Louisiana, you must demonstrate all of the following:
- Notify and File a Report with your employer and then the appropriate state agency or the EEOC if your employer does not remedy the situation.
- Gather evidence of the hostile behaviors that led to the creation of a hostile work environment, including emails, messages, or any other relevant documentation.
- Maintain a detailed record of any and all incidents, dates, and any actions you took to address the situation.
- If there are people who witnessed the hostile behavior, collect their contact information as their testimony could support your case.
- Finally, you must demonstrate that the hostile environment affected your work performance, well-being, or mental health.
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 Louisiana. Although it may seem obvious, one of the main remedies available is that your workplace’s human resources department will take appropriate action to remedy your issues.
For example, they may take action and fire the employee 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 or LHRC 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 such damages in a private civil lawsuit.
The EEOC or LHRC may also require that your employer revise their workplace policies and provide training to all 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 seek to be reinstated to your previous position, but this is not common.
Finally, if you decide to go the private civil lawsuit route, you may also seek attorney fees. 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.
Do I Need a Louisiana Lawyer for a Hostile Work Environment Lawsuit?
You might have been subjected to a hostile work environment in Louisiana. If this is the case, it is in your best interests to immediately contact an experienced Louisiana harassment 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 Louisiana’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.
