In the state of Maine, an employee or former employee may sue their employer for damages related to a hostile work environment. However, in order to be successful in a hostile work environment lawsuit, the employee must be able to prove all of the elements required to demonstrate that they were subjected to offensive and unwelcome conduct that created a hostile work environment.
Generally speaking, hostile work environment lawsuits are brought under state or federal discrimination laws. State and federal discrimination laws are intended to clarify the ambiguity between what does and does not constitute discrimination in the workplace.
It is important to note that there are many different forms of discrimination that may occur in the workplace. In turn, the discrimination may lead to the creation of a toxic work environment. Then, if an individual is able to prove a hostile work environment exists, they will have a cause of action to sue their employer.
Because of this, both employers and employees should understand what constitutes a toxic work environment prior to filing a hostile work environment lawsuit. A violation of the Civil Rights Act is one way a hostile work environment can exist.
Under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees based on protected characteristics. Protected characteristics include a person’s national origin, race, gender, and disability, to name a few.
As such, an employee who believes that they have been discriminated against based on a protected class may file a discrimination complaint based on an employer’s treatment of them.
What Is a Hostile Work Environment?
Title VII of the Civil Rights Act of 1964 is the legal standard that is used by courts when determining whether or not a hostile work environment has been created. Once again, under the Act, it is illegal for employers to discriminate on the basis of race, religion, or gender, disability, or other protected characteristics.
Racial, religious, or sexual harassment in the workplace are all examples of unlawful discrimination in the workplace that may lead to the creation of a hostile work environment. Any of those illegal acts may alter an employee’s working conditions or make it difficult or impossible for them to do their job.
Importantly, if the discrimination in the workplace arises to a level where the employee is unable to perform their job, 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 served to create the Equal Employment Opportunity Commission (“EEOC”). The purpose of the EEOC is to monitor violations and receive complaints of discrimination in the workplace.
According to the EEOC, all of the following requirements must generally be met in order to demonstrate that a hostile work environment has been created:
- The workplace harassment must be both “severe” and “pervasive”
- This means 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, such as a person’s age, religion, disability, gender, or race
- The harassment and discrimination must have been based on an “objective” standard, such that a reasonable employer knew or should have known that a hostile environment was created
- The employer must have failed to intervene on the employee’s behalf
Before pursuing a private legal action in Maine based on a hostile work environment, you must first initiate a discrimination charge with the Equal Employment Opportunities Commission or your local state agency.
After the EEOC or state agency has explored your claim, you will then receive a right-to-sue letter. You may then utilize that right-to-sue letter to pursue a private court action. A local attorney in Maine will be able to ensure that you follow all of the necessary steps in order to ensure that your claim is not dismissed.
When Should I File My Claim for a Hostile Work Environment?
In short, you should take immediate action. If your job is being impacted by a hostile work environment, it is important to do all of the following immediately:
- Document Everything: First, you should keep a detailed record of any incidents that led to the creation of a hostile work environment, including dates, times, descriptions, and any witnesses to the illegal acts
- Report to Your Employer: Next, you should always notify your employer or human resources department about the discriminatory act(s), as they should always 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
Finally, you must be aware of the statute of limitations for workplace discrimination lawsuits in Maine. Maine law provides that you generally have two years days from the day of the events that led to a hostile work environment to file a complaint.
However, Maine law dictates that the statute of limitations for filing a hostile work environment lawsuit is generally 300 days from the date of the alleged discriminatory incident. This limit for initiating a claim is set by the Maine Human Rights Act (“MHRA”). The MHRA is the state agency that governs discrimination and harassment claims in the state.
How Do I Prove a Hostile Work Environment?
In order to demonstrate a hostile work environment in Maine, the employee must experience harassment or discrimination that is severe or pervasive enough to affect their ability to work. Once again, this harassment must be based on various protected characteristics such as race, color, sex, sexual orientation, gender identity, disability, religion, age, or national origin.
All of the following elements must be demonstrated by the plaintiff in the hostile work environment lawsuit:
- Unwelcome Conduct: The behavior must be both unwelcome and offensive to the employee
- Protected Class: The harassment must be based on a protected characteristic of the employee
- Severe or Pervasive: The conduct must also be shown to be severe or pervasive enough to create an intimidating, hostile, or offensive work environment
- Impact on Work: The harassment must be demonstrated to interfere with the employee’s work performance or create an intimidating, hostile, or offensive work environment.
Examples of unwelcome and offensive behavior include unwelcome sexual advances, threats, offensive jokes, ridicule, slurs, or inequitable work assignments.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are many different remedies available in a hostile work environment claim. If you have experienced emotional distress, lost wages, or other economic damages, your employer may be required to compensate you for such injuries.
During their investigation, the EEOC may 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 also seek to be reinstated to your previous position. If you win your case, your employer may also be responsible for covering the legal fees that you incurred while pursuing your hostile work environment lawsuit.
Do I Need a Maine Lawyer for a Hostile Work Environment Lawsuit?
If you believe that you have been subjected to a hostile work environment in Maine, it is recommended to immediately contact an experienced Maine hostile work environment lawyer. An attorney can ensure your legal rights are protected and help you recover from any damages you may have suffered.
LegalMatch can assist you in setting up an initial consultation with an experienced hostile work environment attorney in your area. An experienced harassment attorney can help you understand your legal rights and options according to both federal and Maine’s discrimination laws.
An attorney will also be able to ensure that you meet all deadlines and follow all the appropriate procedures to pursue a hostile work environment claim. Finally, an attorney can also represent you in court, as needed, should your issue require legal action.
