An individual may be able to sue their Ohio employer for a hostile work environment or a toxic work environment in certain situations. The worker’s hostile work environment lawsuit may be filed in an Ohio state court or in a federal court, depending on the facts and circumstances.
The Equal Employment Opportunity Commission (EEOC) is the federal agency that is tasked with enforcing laws governing workplace discrimination based on federally protected characteristics. The EEOC will investigate claims that are submitted by individuals who believe that their workplace situation may meet the criteria of a hostile work environment.
To determine if a hostile work environment does exist, the EEOC will investigate several issues, including:
- The frequency of the harassment
- Discriminatory intent
- The type of conduct
- The employer’s response
- How the harassment affected the employee
The EEOC will investigate the conduct and action of all of the parties involved to determine what type of harassment is occurring in the workplace. The EEOC will also work to determine if the conduct of the harasser is pervasive or if it was limited to one incident.
In the majority of situations, one solitary incident will not rise to the level of a hostile work environment unless the incident was very serious. In addition, the worker will have to show discriminatory intent of the harasser in order to prevail in a federal court case.
The harassing actions have to be discriminatory in nature and based on federally protected characteristics. The EEOC will also investigate how the individual’s employer responded to the harassment situation.
An EEOC investigation may include a determination of whether or not an employer took steps to remedy the harassment that was occurring. If an employer was aware of the harassment situation but did not take any steps to correct it, they may be liable for a hostile work environment.
It is very important that the individual who is engaging in the harassment knows that their conduct is not welcome and needs to stop immediately. The victim should also report the issue to management.
Providing management with a notification will give them a chance to take steps to prevent the escalation of the hostile work environment. The EEOC will make a determination of whether or not the harassment was severe and pervasive enough that a reasonable individual would consider their work environment to be intimidating, abusive, or hostile.
This will usually require that the individual was affected by the harassment to the point that it affected their ability to perform their job. There may be local or state laws in Ohio that regulate discrimination and harassment in workplaces, as well as federal laws that apply to these situations.
Due to the different laws that may apply, an individual should consult with a local attorney in Ohio for advice about which laws apply and what the proper court would be to file their claim.
What Is a Hostile Work Environment?
Hostile work environments can arise when workers face harassment that makes it very difficult or even impossible for them to perform the job duties. The harassment may include harassment that is based on a protected characteristic, such as:
- Race
- Genetic information
- Sex, including pregnancy
- National origin
- Disability
- Color
- Age, if 40 or older
- Religion
- Any other characteristic that is legally protected
Individuals who may contribute to creating a hostile work environment include:
- Repeat clients
- Supervisors
- Managers
- Coworkers
- Contractors
- Vendors
- Visitors
- Other staff who may have had contact with the complainant
There may also be other issues that create a hostile work environment, such as sexual harassment. An individual should consult with an attorney for more information about how a hostile work environment may be created and whether it may be present in their workplace.
When Should I File My Claim for a Hostile Work Environment?
If an individual thinks they may be subjected to a hostile work environment, it is important to address the issue immediately. As discussed above, the worker should address their harasser, members of management, and the company’s Human Resources department.
These steps are essential in a hostile work environment situation as they will provide evidence that the worker did, in fact, report the harassment. If the harassment is allowed to continue, the worker should report the issue to the EEOC or to the local agency in Ohio that handles harassment in the workplace.
The agency to which the claim is submitted will try to remedy the issue as well as inform the individual whether a lawsuit should be filed.
How Do I Prove a Hostile Work Environment?
Workers are required to show specific issues in order to prove a hostile work environment exists. First, the worker needs to inform the parties discussed above about the harassment.
This will provide the worker with evidence that they reported the issue. Then, it can be examined whether or not management took any action to address the issue.
It is important for the worker to keep detailed records of any communications they have with their employer regarding the harassment, as they can be used as evidence in their case. Notification should always be provided in writing, when possible, so the documents can be used as evidence in court.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Ohio employment laws provide legal remedies in cases of hostile work environments. In these types of cases, compensatory damages are commonly awarded.
These damages are intended to provide compensation for the lost wages or benefits the worker suffered because of their inability to perform their job. Compensatory damages may also be awarded when the worker loses their job because of the hostile work environment.
These damages are intended to put the worker back in the same position they would have been in if they had not lost their job. If the conduct of the employer was particularly egregious related to the hostile work environment, an employer may be required to pay punitive damages.
Do I Need an Ohio Lawyer for a Hostile Work Environment Lawsuit?
If you are a worker or an employer who is dealing with a hostile work environment or a hostile work environment complaint, it is very important to reach out to an Ohio hostile work environment lawyer. Even though legal representation is not required to file a complaint with a state agency or the EEOC, having a lawyer helps make sure that your complaint is filed with the correct agency and is filed properly.
If the state agency or EEOC cannot resolve your issue, your attorney can file a lawsuit in court on your behalf. If you are an employer and a worker has filed a hostile work environment complaint, your lawyer will help protect your interests throughout the case.
There are some situations that can be resolved through an alternative dispute resolution method, for example, mediation. A case involving a hostile work environment can be very serious for both the worker and the employer because their position and their workplaces are at issue.
Both employers and workers can use LegalMatch to find the right lawyer to help them resolve their workplace issues. Simply submit your hostile work environment issue on the website for free, and within about 24 hours, you will receive responses from prescreened member lawyers in your area who are ready to help you resolve your issue.
