An employee who works in Nebraska may be able to file a lawsuit against their employer for a toxic work environment or hostile work environment if they experience certain issues at work. When a Nebraska employee files a lawsuit based on an issue in their workplace, it may be a hostile work environment lawsuit.
If an employee finds it necessary to file a lawsuit based on a hostile work environment, it can either be filed in a federal court or in a Nebraska state court. Employees are often protected by workplace discrimination laws, which are enforced by the federal agency called the Equal Employment Opportunity Commission (EEOC).
An employee may have to submit a claim that is related to their workplace. If that is the case, the appropriate agency or the EEOC will investigate their workplace to find out whether or not the Nebraska employee’s workplace situation reaches the level of a hostile work environment. The investigating agency will review several issues to determine whether a hostile work environment does exist, including, but not limited to:
- The type of conduct
- The frequency of harassment
- The employer’s response
- How severely the harassment affected the employee
- Discriminatory intent of the harasser
What Is a Hostile Work Environment?
An employee may face a hostile work environment in their workplace if they are suffering from harassment that makes it difficult, or even impossible, for them to do their job duties. Hostile work environments can be based on one or multiple characteristics that are legally protected, such as:
- National origin
- Race
- Disability
- Age, if 40 or older
- Sex, including pregnancy
- Color
- Religion
- Genetic information
- Other characteristics that are legally protected
Hostile work environments can also arise in workplaces because of the conduct of numerous different individuals in the workplace and even some who are not employees, such as:
- Contractors
- Managers
- Supervisors
- Visitors
- Repeat clients
- Coworkers
- Vendors
- Other individuals or staff
Additionally, other types of harassment, such as sexual harassment, may create a hostile work environment. A workplace in Nebraska can be considered hostile if the employee endures pervasive and severe discrimination or harassment, which makes the workplace intimidating, abusive, or hostile.
There are many different examples of conduct that may cause a hostile work environment to be created, such as:
- Displaying offensive material, which may include:
- Racially offensive symbols
- Sexual harassment, including:
- Requests for sexual favors
- Unwanted sexual advances
- Other types of physical or verbal or harassment that is sexual in nature
- Derogatory content aimed toward a specific group
- Explicit materials
- Discriminatory jokes or comments that are persistent and that are based on one or more of the protected characteristics listed above
- Bullying or intimidation that is based upon protected characteristics, which may include:
- Sabotage of work
- Threatening behavior
- Verbal abuse based on a protected characteristic
- Being retaliated against for submitting a complaint, such as facing a:
- Demotion
- Unfavorable job assignment
- Exclusion
If an employee in Nebraska thinks they may be suffering in a hostile work environment, it is important that they consult with an attorney as soon as they can to help them resolve their workplace issue.
When Should I File My Claim for a Hostile Work Environment?
Claims for hostile work environments may be filed any time the environment is present or ongoing. However, there are certain steps that the employee should complete before filing a complaint that will help make sure their claim is successful.
An employee should start by providing notification about their workplace issue to the proper parties, including:
- The harasser
- Inform the harasser that their conduct is not welcome and is not appropriate and should immediately stop
- Management
- Human Resources
If the employee makes these notifications and the harassment does not cease, the employee should file a complaint with the EEOC or the appropriate agency in Nebraska. The agency that the employee submits their workplace claim to will try and resolve the problem.
If an employee in Nebraska submits their claim to the EEOC and they are not able to resolve the issue to the employee’s satisfaction, they will provide the employee a Right to Sue Letter. If the employee receives such a letter, they will have 90 days to file their lawsuit in court.
How Do I Prove a Hostile Work Environment?
It is important to be aware that, in most cases, one single incident will not be considered a hostile work environment. When an agency investigates a claim, it will review the conduct of all of the parties as well as the individual’s workplace to determine the pervasiveness of the harassment.
If the complaint is submitted to a federal agency, the employee will have to demonstrate that the harassing party’s intent was discriminatory and was based on a protected characteristic. The agency conducting the investigation will also review how the employer and management handled the issue.
If management members were notified of the situation and did not take steps to resolve it, they may be liable for a hostile work environment. When an employee in Nebraska is having issues in their workplace, they should consult with a local attorney in Nebraska who can explain the local, state, and federal laws that will apply to their situation.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
The most common remedy that is provided in these types of hostile work environment cases is compensatory damages. These types of damages, which are monetary awards, are given to plaintiffs to compensate them for the wages or benefits that they lost because of the workplace harassment.
If it is determined that compensatory damages will not be sufficient to compensate the plaintiff, equitable remedies may be awarded. These damages are not monetary but, instead, often require one party to do something or to stop doing something.
For example, injunctions can be used that require employers to review and revise their policies and procedures to prevent similar future workplace issues. If the employer in Nebraska engaged in outrageous conduct, such as if they encouraged or participated in the harassment, they may be ordered to pay punitive damages, which are intended to discourage the employer and other parties from engaging in similar conduct in the future.
Do I Need a Nebraska Lawyer for a Hostile Work Environment Lawsuit?
You could be a Nebraska employee who thinks they may be dealing with a hostile work environment. If that is the case, it is essential to reach out to a Nebraska hostile work environment lawyer as soon as possible. Legal assistance is not required to submit a complaint to the EEOC or a state agency, but a lawyer can advise you on how to gather evidence, properly submit your complaint, and help ensure the success of your claim.
If you consult with a lawyer before you submit your claim, your lawyer will help ensure you submit it to the proper agency and in the proper manner to help ensure it is processed efficiently. Your lawyer will also be able to provide you with advice throughout the investigation process.
LegalMatch is an excellent resource for finding an attorney in your area who can help you with your hostile work environment issue. Simply submit your concern on the website, and you will receive responses from attorneys who are licensed and pre-screened within about 24 hours.
