Workers may have the ability to sue an employer for a hostile work environment in the State of Pennsylvania. A hostile work environment lawsuit may be filed in a federal court or Pennsylvania state court.
The Equal Employment Opportunity Commission (EEOC) is the United States federal agency that is responsible for enforcing federal laws governing workplace discrimination that are based on certain protected characteristics. The EEOC will investigate claims that are submitted by workers to determine if the situation meets the criterion for a hostile work environment, which includes examining:
- 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 of all of the parties involved to determine what type of harassment occurred, such as physical or verbal. How often the harassment occurred will also be analyzed by the EEOC in order to determine whether or not the conduct was long-lasting and pervasive or whether it was only one incident.
An isolated incident will not usually meet the requirements for a hostile work environment unless that incident is very serious. To prevail in federal court, the complainant will have to show that there was discriminatory intent.
The harassing behavior has to be discriminatory in nature and based on federally protected characteristics. The EEOC also investigates how employers respond to the harassment situation at their workplace.
This can include a determination of whether the employer took any steps to remedy the harassment situation. If an employer was aware of the ongoing harassment but did not investigate or intervene, they are more likely to be liable for a hostile work environment.
A worker should directly inform the harasser that the conduct is unwelcome and should stop. Workers should also report the issue to management as soon as they are able.
This notification will provide members of management with an opportunity to prevent the escalation of the hostile work environment situation. It will also give management an opportunity to address any issues further.
The EEOC will review the effect of the harassment on the worker to make a determination of whether or not it was severe or pervasive enough that a reasonable individual would have considered the toxic work environment to be hostile, intimidating, or abusive. This often requires that the worker prove that the harassment greatly affected their ability to perform their job duties.
There may also be Pennsylvania state or local laws regulating workplace discrimination and harassment in addition to the applicable federal laws. Due to this issue, it is essential to consult with a local attorney in Pennsylvania for advice regarding the proper court in which to file the claim.
What Is a Hostile Work Environment?
Hostile work environments may arise when an employee faces harassment, which makes it impossible to perform their work duties. This type of harassment may include conduct such as unwelcome comments that unreasonably interfere with the worker’s performance based on one or more of the following characteristics:
- Race
- National origin
- Age, for individuals who are 40 years of age or older
- Genetic information
- Sex, including pregnancy
- Disability
- Color
- Religion
- Any other characteristic that is legally protected
There are numerous different types of people who may contribute to creating a hostile work environment, which include:
- Repeat clients
- Coworkers
- Contractors
- Vendors
- Supervisors
- Managers
- Visitors
- Other staff who may have had contact with the complainant
It is important to note that not every isolated incident or petty slight will reach the level of a hostile work environment. Sexual harassment issues can also create a hostile work environment.
It is essential for workers to consult with an attorney about how hostile work environments can be created and whether they may be experiencing one.
When Should I File My Claim for a Hostile Work Environment?
If an individual believes they are facing a hostile work environment, they should immediately inform the harasser themselves, members of management, and the Human Resources department. This is an important step because it provides evidence that the harassment was, in fact, reported, which supports a successful claim.
If the harassment keeps occurring, the individual should report the issue to the local Pennsylvania agency in charge of harassment in the workplace or the EEOC. These agencies investigate claims and attempt to provide remedies or determine if lawsuits should be filed.
How Do I Prove a Hostile Work Environment?
There are certain factors an employee must provide in order to show they are experiencing a hostile work environment. As noted above, the individual should inform the harassing party, management, and the HR department about the harassing behavior so there will be evidence of the reporting.
This will also allow the individual to show whether or not members of management took any action to stop the harassment. An individual should ensure to keep detailed records of communications with their employer regarding the harassment, as these communications can be used as evidence in a claim.
Because these communications can be used as evidence, it is very important to communicate with the parties discussed above in writing. This can be done in the form of an email or other type of letter or memo.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
In cases of a hostile work environment, legal remedies may be available under Pennsylvania employment laws. It is common for compensatory damages to be awarded in these types of cases.
Compensatory damages can include compensation for an individual’s lost wages, benefits, and back pay that result from the inability of the individual to perform their job duties. In certain situations, hostile work environments can result in a worker losing their job.
Compensatory damages are also awarded to try and put the employee in the same position they would have been in if the situation had not forced them to leave their position. If a case is particularly egregious, an employer may have to pay punitive damages if they engaged in intentional conduct that contributed to the hostile work environment.
Do I Need a Pennsylvania Lawyer for a Hostile Work Environment Lawsuit?
If you have concerns about a hostile work environment at your workplace in Pennsylvania, it is essential to reach out to a Pennsylvania hostile work environment lawyer. Even though you are not required to have a lawyer when you are filing a complaint with a state agency or the EEOC, your lawyer will help you ensure your claim is filed properly and with the appropriate agency.
There are situations in which the state agency or the EEOC cannot resolve an issue. If this happens, your attorney will be able to help you file a lawsuit in the proper court and present supporting evidence on your behalf.
A lawyer can also help employers who are facing lawsuits in a hostile work environment. Your lawyer will defend you if you have to appear in court to resolve the dispute.
Some cases can be resolved outside of a courtroom using alternative dispute resolution methods such as mediation. This can help save both money and time for all parties involved.
Hostile work environment cases can be very serious for both workers and employers, as their time and reputations are on the line. Use LegalMatch to find a lawyer who can help with your issue today.
