Employees who are working in New Hampshire might be able to file a lawsuit against their employer for a hostile work environment, which may also be called a toxic work environment, if they are experiencing certain issues at work. If a New Hampshire files a lawsuit because of a workplace issue, it may be referred to as a hostile work environment lawsuit.
When an employee has to file a lawsuit because of a hostile work environment, it may be filed in a New Hampshire state court or in a federal court. An employee will typically be protected by workplace discrimination laws.
These types of workplace laws are enforced by a federal agency called the Equal Employment Opportunity Commission (EEOC). In some situations, the employee may be required to submit a claim related to the workplace.
In these cases, the EEOC or another appropriate state agency will investigate the claim to determine if the New Hampshire workplace situation reaches the level of a hostile work environment. The agency that is investigating the claim will examine several issues to determine if there is a hostile work environment, such as:
- The type of conduct
- The employer’s response
- How severely the harassment affected the employee
- The frequency of harassment
- Discriminatory intent of the harasser
What Is a Hostile Work Environment?
Employees can face hostile work environments in their workplace if there is harassment that makes it difficult, or even impossible, to perform their job duties. A hostile work environment can be based on one single protected characteristic or multiple characteristics, such as:
- Color
- Religion
- Genetic information
- National origin
- Disability
- Age, if 40 or older
- Sex, including pregnancy
- Race
- Other characteristics that are legally protected
A hostile work environment can also be present in a workplace due to the conduct of different individuals who visit the workplace, even those who are not employees, including:
- Supervisors
- Coworkers
- Vendors
- Visitors
- Repeat clients
- Contractors
- Managers
- Other individuals or staff
In addition, there may be other types of harassment, including sexual harassment, that can create a hostile work environment. Workplaces in New Hampshire may be considered hostile if an employee is enduring severe and pervasive harassment or discrimination that makes their workplace hostile, abusive, or intimidating.
There are numerous examples of conduct by individuals that can cause hostile work environments, including:
- Retaliation for submitting a complaint, such as facing a:
- Demotion
- Exclusion
- Unfavorable job assignment
- Offensive material being displayed, such as:
- Racially offensive symbols
- Sexual harassment, including:
- Unwanted sexual advances
- Requests for sexual favors
- Other forms of physical or verbal harassment that are sexual in nature
- Derogatory content aimed toward a specific group
- Explicit materials
- Discriminatory jokes or comments being made that are persistent and that are based on one or more of the protected characteristics listed above
- Intimidation or bullying based upon protected characteristics, such as:
- Threatening behavior
- Verbal abuse based on a protected characteristic
- Sabotage of work
If a New Hampshire employee believes they may be facing a hostile work environment, they should consult with an attorney as soon as they can to help them with their workplace issue.
When Should I File My Claim for a Hostile Work Environment?
A hostile work environment claim can be filed whenever a hostile work environment is ongoing or present. There are, however, some steps that employees should take before they submit their complaints that can ensure the success of their claim.
The employee should begin by notifying the proper parties about the issue in their workplace, including:
- The harasser themselves, informing them that their conduct is not welcome and is not appropriate and should immediately stop
- Management
- Human Resources
If a New Hampshire employee makes these proper notifications and the harassment does not stop, they should file a complaint with the proper New Hampshire agency or the EEOC. If an individual is not sure which agency to file their claim with, they can ask their lawyer for assistance.
The agency to which the employee submits their claim will attempt to resolve the issue. If a claim is submitted to the EEOC but the agency cannot resolve the issue to the employee’s satisfaction, they will send the employee a Right to Sue Letter.
Once this letter is received, the employee has 90 days to file a lawsuit in court. Because of this short deadline, it is important to begin working with an attorney as soon as possible in the process.
How Do I Prove a Hostile Work Environment?
In order to prove a hostile work environment, the employee will have to show that the party harassing them had discriminatory intent that was based on a protected characteristic. The agency that conducts the investigation of the workplace will review the conduct of all of the parties involved and the workplace to determine the pervasiveness of the harassment.
It is important to be aware that, in most cases, one single incident will not rise to the level of a hostile work environment, unless that incident was extreme. If members of management were notified of the issue and did not take any steps to resolve it, they may be held liable for a hostile work environment.
Whenever a New Hampshire employee has issues in their workplace, they should consult with a local attorney in New Hampshire who will be able to explain to them the federal, state, and local laws that will apply to their case.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are different categories of remedies that may be available in hostile work environment cases. The most commonly provided remedy is compensatory damages or monetary damages.
These are meant to compensate the plaintiff or employee for the wages or benefits that they lost due to the workplace issue. If compensatory damages will not be sufficient compensation, equitable remedies may be awarded.
Equitable remedies are not based on money. Instead, they will typically require one of the parties to do something or to stop doing something. For example, an injunction may be used to order an employer to review their policies and procedures to avoid similar workplace issues.
If a New Hampshire employer engaged in outrageous conduct, for example, encouraging or participating in the harassment, they may have to pay punitive damages. Punitive damages are meant to discourage the employer and other parties from engaging in the same or similar conduct in the future.
Do I Need a New Hampshire Lawyer for a Hostile Work Environment Lawsuit?
If you are an employee in New Hampshire who believes they may be subjected to a hostile work environment, you should consult with a New Hampshire hostile work environment lawyer as soon as you can. Even though you do not have to have a lawyer to submit a claim, as discussed above, your lawyer will help you gather evidence, properly submit your complaint, and help ensure the success of your claim.
When you consult with a lawyer before submitting your claim, they can help you make sure you submit your claim to the proper agency in such a way that it can be processed quickly and efficiently. Additionally, your attorney will be able to give you advice throughout the claim process.
LegalMatch can help you find an attorney in your area for your hostile work environment issue. All you have to do is submit your concern on the website for free, and you will receive responses from lawyers who are licensed and pre-screened within around 24 hours.
