Yes, an employee or former employee in Rhode Island may sue their employer for damages related to a hostile work environment. However, in order for a person to be successful in a hostile work environment lawsuit, the employee must be able to prove that they were subjected to offensive and unwelcome conduct that created a hostile work environment.
Generally, hostile work environment lawsuits are brought under state or federal discrimination laws. State and federal discrimination laws are a set of laws that are intended to clarify the ambiguity between what does and what does not constitute discrimination in the workplace.
It is important to note that there are many different forms of discrimination that may occur in the workplace. In turn, these different forms of discrimination may all lead to the creation of a toxic work environment. Then, if an individual is able to prove they were subjected to a hostile work environment, they will have a cause of action to sue their employer.
Because of this, both employers and employees should understand what constitutes a toxic work environment prior to filing or responding to a hostile work environment lawsuit. It is important to understand that under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees based on protected characteristics.
Protected characteristics include a person’s national origin, race, gender, and disability, to name a few. A violation of the Civil Rights Act is one way a hostile work environment can exist. As such, an employee who believes that they have been discriminated against based on a protected class may file a discrimination complaint based on their employer’s discriminatory treatment of them.
What Is a Hostile Work Environment?
As mentioned above, Title VII of the Civil Rights Act of 1964 is the legal standard that is used by courts when determining whether or not a hostile work environment exists. Under the Act, it is illegal for employers to discriminate on the basis of race, religion, or gender, disability, or other protected characteristics.
Racial, religious, or sexual harassment in the workplace are all examples of unlawful discrimination in the workplace that may lead to the creation of a hostile work environment for an employee. This is because any of those illegal acts may serve to alter an employee’s working conditions or make it difficult or impossible for them to do their job.
Importantly, if discrimination in the workplace arises to a level where the employee is unable to perform their job, then that would likely be enough evidence to demonstrate that a hostile work environment has been created.
According to the Equal Employment Opportunity Commission (“EEOC”), which is the state agency created by Title VII to monitor violations of the Act, all of the following requirements must be met in order to demonstrate that a hostile work environment has been created:
- The workplace harassment must be both “severe” and “pervasive”
- This means that a singular offensive remark or act of teasing will not typically constitute sufficient grounds to demonstrate a hostile work environment
- The discrimination that occurred must be against a protected class, such as a person’s age, religion, sexual orientation, national origin, disability, gender, or race
- The harassment and discrimination must have been based on an “objective” standard, such that a reasonable employer knew or should have known that a hostile environment was created
- The employer must have failed to intervene on the employee’s behalf
In the state of Rhode Island, the Rhode Island Civil Rights Act (“RICRA”) provides broad protection against all forms of discrimination in employment. The Act covers disparate impact, disparate treatment, retaliation, and harassment.
The Act also allows an employee to recover against their employer for the creation of a hostile work environment. Specifically when a workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of a person’s employment, that person may initiate a hostile work environment claim. A local attorney in Rhode Island will be able to help you determine how to file such a claim under state or federal law.
When Should I File My Claim for a Hostile Work Environment?
You should always take immediate action if your job is being impacted by a hostile work environment. As such, it is important to do all of the following immediately:
- Document Everything: First, you should keep a detailed record of any incidents that you allege led to the creation of a hostile work environment, including dates, times, descriptions, and any witnesses to the illegal acts
- Report to Your Employer: Next, you should always notify your employer or human resources department about the discriminatory act(s)
- Your employer should always be given an opportunity to investigate and take appropriate action
- Consult With an Attorney: If your employer doesn’t take appropriate actions to address the issue or if your situation worsens, you should then immediately consult an employment law attorney in your area
Finally, you must be aware of the statute of limitations for workplace discrimination lawsuits in Rhode Island. Rhode Island law provides that you generally have three years from the day of the events that led to a hostile work environment to file a complaint under RICRA.
How Do I Prove a Hostile Work Environment?
In order to demonstrate a hostile work environment in Rhode Island, you must demonstrate the following elements:
- That you were subjected to unwelcome conduct, such as offensive comments, slurs, or mistreatment, based on a protected characteristic
- That the conduct was severe and pervasive enough to create an abusive work environment
- Isolated incidents are generally insufficient
- That the conduct was both subjectively offensive to you and objectively offensive to a reasonable person in your position
- That your employer knew or should have known about the harassment and failed to take prompt and corrective action
- You must lastly identify the protected characteristic(s) that were the basis for your mistreatment
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are many different remedies available in a hostile work environment claim under state and federal law. If you have experienced emotional distress, lost wages, or other economic damages, your employer may be required to compensate you for such injuries.
Further, during the EEOC or RICRA investigation process, those agencies may require that your employer revise their workplace policies and provide training to all employees in order to prevent future incidents of workplace harassment.
Further, if you were terminated as a result of a hostile work environment, you may also seek to be reinstated to your previous position. If you win your case, your employer may also be responsible for covering the legal fees that you incurred while pursuing your hostile work environment lawsuit against them.
Do I Need a Rhode Island Lawyer for a Hostile Work Environment Lawsuit?
If you believe that you have been subjected to a hostile work environment in Rhode Island, it is recommended to immediately contact an experienced Rhode Island hostile work environment lawyer. An attorney can ensure your legal rights are protected and help you recover from any damages you may have suffered.
LegalMatch can assist you in setting up a consultation with an experienced hostile work environment attorney in your area. At the initial consultation, a harassment attorney can help you understand your legal rights and options according to both federal and Rhode Island’s discrimination laws.
An attorney will also be able to ensure that you meet all deadlines and follow all the appropriate procedures to pursue a hostile work environment claim. Finally, an attorney can also represent you in court, as needed.
