In the State of Mississippi, an employee may be able to file a lawsuit against their employer for a hostile work environment or a toxic work environment when they are experiencing certain issues. If a Mississippi employee files a lawsuit that is based on a workplace issue, it may be a hostile work environment lawsuit.
If an employee needs to file a lawsuit for a hostile work environment, they can file it either in a Mississippi state court or in a federal court. Workplace discrimination laws that protect employees are enforced by the Equal Employment Opportunity Commission (EEOC).
When an employee submits a complaint related to their workplace, the EEOC or the appropriate agency will investigate their workplace in order to determine whether or not the workplace does reach the level of a hostile work environment. This agency will examine several factors to make this determination, including:
- The type of conduct
- Discriminatory intent of the harasser
- The frequency of harassment
- The employer’s response
- How severely the harassment affected the employee
What Is a Hostile Work Environment?
A hostile work environment is an issue that an employee may experience at work if they are suffering from harassment that makes it difficult or impossible for them to complete their work duties. A hostile work environment may be based upon one or more characteristics that are protected under the law, including:
- Color
- Religion
- Genetic information
- National origin
- Race
- Disability
- Age, if 40 or older
- Sex, including pregnancy
- Other characteristics that are legally protected
A hostile work environment may be present in a workplace because of the conduct of many different individuals who are in the workplace, even someone who is not employed there, including:
- Supervisors
- Coworkers
- Visitors
- Repeat clients
- Contractors
- Managers
- Vendors
- Other individuals or staff
There are also other categories of harassment that may create hostile work environments, such as sexual harassment. If a Mississippi employee thinks they may be suffering from a hostile work environment, they should consult with an attorney as soon as they can to help resolve the issue.
A Mississippi workplace may be considered a hostile work environment if the employee is facing pervasive or severe harassment or discrimination that makes their workplace hostile, abusive, or intimidating. The harassing conduct may be based on protected characteristics under Mississippi state law or federal law, which can include:
- Age
- Race
- Sex
- Sexual orientation
- Religion
- Color
- National origin
There are numerous specific examples of conduct that can cause a workplace to be considered a hostile work environment, including:
- Persistent discriminatory jokes or comments based upon the protected characteristics listed above
- Displaying offensive material, which may include:
- Racially offensive symbols
- Sexual harassment, including:
- Requests for sexual favors
- Unwanted sexual advances
- Other verbal or physical harassment that is sexual in nature
- Derogatory content aimed toward a specific group
- Explicit materials
- Retaliation for submitting a complaint, which may include:
- Demotion
- Unfavorable job assignment
- Exclusion
- Bullying or intimidation based on one or more protected characteristics, which may include:
- Sabotage of work
- Threatening behavior
- Verbal abuse based on a protected characteristic
When Should I File My Claim for a Hostile Work Environment?
A claim for a hostile work environment can be filed at any time the hostile work environment is present. However, there are some steps that employees should take before they file a complaint to help ensure that the claim is successful.
Employees should begin by giving notification to the appropriate parties about the harassment, which includes:
- The harasser themselves
- Inform the harasser that their conduct is unwelcome and inappropriate and should stop immediately
- Management
- Human Resources
Once these notifications have been made and the harassment does not stop, the employee should file their complaint with the appropriate Mississippi agency or the EEOC. The agency to which the employee submitted their complaint will attempt to resolve the issue.
If a Mississippi employee submits a complaint to the EEOC and it cannot resolve the issue to the satisfaction of the employee, it will provide the employee with a Right to Sue Letter. After the individual receives that letter, they will have 90 days to file their lawsuit in court.
How Do I Prove a Hostile Work Environment?
When an agency is investigating a claim from an employee of a hostile work environment, the agency will review the conduct of all of the parties involved in addition to the workplace situation to determine the pervasiveness of the harassment. Typically, one single incident will not be deemed a hostile work environment unless that one incident is very serious.
If an employee’s complaint was submitted to a federal agency or was filed in a federal court, they will have to show that the harassing party had discriminatory intent and that it was based on a characteristic that was protected under the law. In addition, the agency that is investigating the claim will review how management and the employer handled the situation.
If management received notice of the harassment and they did not try to resolve or stop it, they may be held liable for a hostile work environment. The employee submitting the complaint has to show that the harassment they were facing in the workplace had a significant impact on their ability to do their job.
An employee in Mississippi might be having issues in their workplace. If this is the case, they should reach out to a local attorney in Mississippi who will be able to explain the state or local laws that apply in addition to federal laws. Notifying the parties listed above is important as it allows the agency conducting the investigation to review whether management took appropriate steps to resolve the harassment issue.
The employee should keep records of their communications regarding the harassment because it may be used to support their claim of a hostile work environment in their agency complaint and their court case, if necessary.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Different categories of remedies may be available in hostile work environment cases. One commonly awarded category of damages is compensatory damages.
These damages are money damages, or monetary awards, that are provided to plaintiffs to compensate them for lost benefits of wages that resulted from the workplace harassment. Equitable remedies are another category of remedies that may be awarded if compensatory damages are not adequate.
This category of remedies does not include monetary compensation but, instead, requires a party to do something or to stop doing something. For example, an injunction may be issued that may require the employer to redraft their policies and procedures.
If a Mississippi employer engaged in outrageous conduct, for example, encouraging or participating in the hostile work environment, an employer may have to pay punitive damages. These types of damages are provided to discourage the employer and other parties from engaging in similar conduct in the future.
Do I Need a Mississippi Lawyer for a Hostile Work Environment Lawsuit?
You may be an employer in a Mississippi workplace, and you think you may be facing a hostile work environment. In that case, it is important to consult with a Mississippi hostile work environment lawyer as soon as you can. Although you do not have to have the help of a lawyer to submit your complaint, it is important to seek legal advice from an attorney to ensure you are handling the process properly and that your case has a better chance of success.
LegalMatch can help you find a lawyer in your area who can help you resolve your issue. All you have to do is submit your concern or question on the website, and in around 24 hours, you will get responses from licensed and pre-screened lawyers who can help with your case.
