In Massachusetts, an employee may be able to sue their employer if they are facing a hostile work environment or a toxic work environment. When a lawsuit is filed in these cases, it is called a hostile work environment lawsuit.
This type of lawsuit may be filed in federal court or in a Massachusetts state court. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal workplace discrimination laws that are in place to protect employees.
When an employee submits a complaint, the state agency or the EEOC will conduct an investigation to determine whether their situation rises to the level of a hostile work environment. There are several factors that may create a hostile work environment, such as:
- The frequency of harassment
- The employer’s response
- How severely the harassment affected the employee
- Discriminatory intent
- The type of conduct
Claims of a hostile work environment are investigated by a Massachusetts state agency or the EEOC. These investigations include reviewing the actions and conduct of the parties who are involved to determine the frequency of the harassment that is occurring.
The EEOC or state agency will also determine if the harassment was pervasive or was limited to one incident. In the majority of situations, solitary incidents will not reach the level of a hostile work environment unless that solitary incident was extremely serious.
The complainant will also have to show that the intent of the harasser was discriminatory and was based on one or more federally protected characteristics when they file their claim with a federal agency or in federal court. Then, the agency will review how the individual’s employer responded to the harassment.
This includes determining whether the employer made an effort to correct or resolve the issue. If an employer is made aware of an issue and does not take any corrective actions, they may be held liable for a hostile work environment.
The employee should inform the individual who is harassing them that the conduct is unwelcome and should cease immediately. If the employee does notify members of management, it will give them the opportunity to prevent other harassment-related issues.
The agency or EEOC will review if the harassment was severe enough that a reasonable individual would believe their work environment was intimidating, hostile, or abusive. This usually requires that the employee can show that their ability to perform their job duties was affected.
It is also important to consult with a local attorney in Massachusetts to determine if there are also Massachusetts local or state laws that may apply to the situation in addition to federal laws. An individual’s lawyer can also provide them with assistance in filing their complaint and which court to file their lawsuit.
What Is a Hostile Work Environment?
A hostile work environment is an issue that arises when an employee has to endure harassment, which makes it extremely difficult or even impossible for them to do their job duties. In these types of cases, harassment may be based on a characteristic that is federally protected, such as:
- Race
- Disability
- National origin
- Age, if 40 or older
- Genetic information
- Color
- Sex, including pregnancy
- Religion
- Other characteristics that are legally protected
There are also many different individuals who come into contact with the employee who may be responsible for creating a hostile work environment, including:
- Coworkers\Visitors
- Repeat clients
- Supervisors
- Contractors
- Managers
- Vendors
- Other individuals or staff who had contact with the employee
Sexual harassment is another issue that may lead to a hostile work environment situation. It is very important that if an employee believes that they are facing a hostile work environment, they consult with an attorney for more information on the issue and how they can resolve it.
When Should I File My Claim for a Hostile Work Environment?
There are a couple of steps an employee should take before filing their hostile work environment claim. They should first notify the harassing party, management, and Human Resources about their situation.
Providing notification to these parties is essential in hostile work environment situations because it provides proof that the employee being harassed reported the problem to the parties involved and the proper management parties. The harassment may have continued to be an issue. If so, the employee should report the harassment to the local agency in Massachusetts that handles harassment in the workplace issues or to the EEOC.
Whichever agency that receives the employee’s complaint will try and provide a solution to the situation. They will also inform the employee if they will be able to file a lawsuit in court.
If the EEOC investigates the claim and the issue is not resolved, they will issue a Right to Sue Letter. The individual will then have 90 days to file their lawsuit.
How Do I Prove a Hostile Work Environment?
Proving a hostile work environment claim is based on the employee taking the notification steps discussed above to show that the proper parties were aware of the situation. The agency investigating the employee’s claim will then make a determination of whether or not management took the proper steps to remedy the situation.
It is essential that the complainant keep records of any communications regarding the harassment, as they may be used as evidence in both the agency claim and in a lawsuit. When possible, communication should be handled in writing.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Massachusetts employment laws provide for legal remedies in hostile work environment cases. It is common for compensatory damages to be awarded when an employer is found liable.
These are a category of damages that are meant to compensate the employee for any lost wages or benefits they suffered due to their inability to perform their job duties. They may also be awarded if a plaintiff loses their job position as a result of the hostile work environment.
Other types of remedies that do not include money, called equitable remedies, may also be awarded when compensatory damages are inadequate or insufficient. This may include things such as an injunction that requires the employer to stop certain conduct or ordering the employer to revise policies and procedures in order to prevent future workplace issues.
If the employer engaged in egregious conduct related to the employee’s hostile work environment or they contributed to it, they may also be required to pay punitive damages.
Do I Need a Massachusetts Lawyer for a Hostile Work Environment Lawsuit?
You might be an employer or an employee who is having hostile work environment issues in your workplace. If that is the case, it is very important to reach out to a Massachusetts hostile work environment lawyer as soon as possible. You do not have to have a lawyer to file or respond to agency complaints, but it is advised because of the serious implications it may have and the possibility of facing future litigation in court.
Your lawyer will assist you in filing your complaint with the proper state agency or ensure that you respond properly to the complaint and cooperate with the investigation. Your lawyer can also represent you in court when the state agency or EEOC is unable to resolve the issue.
LegalMatch is an excellent place for employers and employees to find legal help for their workplace issues. You can submit your concern on the website at no charge and receive member lawyer responses within around 24 hours that includes their background, education, and fee information.
