You may be an employee or a former employee who has suffered damages as a result of a hostile work environment. If this is the case, you are legally allowed to seek civil remedies for your damages. However, in order for you to be successful in a hostile work environment lawsuit, you must be able to prove that you were subjected to offensive and unwelcome conduct that created a hostile work environment.
In general, a hostile work environment lawsuit will be brought under state or federal discrimination laws. State and federal discrimination laws are the set of laws that are intended to clarify the ambiguity between what is considered and what is not considered to be discrimination in the workplace.
It is important to note that there are many different forms of discrimination that may occur in the workplace. Further, any form of discrimination may lead to the creation of a toxic work environment. As such, if you are able to prove that you were subjected to a hostile work environment, then you will have a cause of action to sue your employer.
It is important that both employers and employees understand what constitutes a toxic work environment prior to filing or responding to a hostile work environment lawsuit. 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, religion, 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, if you believe that you have been discriminated against based on a protected class, you may file a discrimination complaint based on your employer’s discriminatory treatment of you.
What Is a Hostile Work Environment?
As mentioned above, Title VII of the Civil Rights Act of 1964 is the legal standard that is utilized by courts when determining whether or not a hostile work environment exists. Under the federal Act, it is illegal for employers to discriminate on the basis of race, national origin, religion, or gender, disability, or other protected characteristics.
Racial, religious, or sexual harassment in the workplace are all examples of what constitutes unlawful discrimination in the workplace. In other words, 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 an employee is unable to perform their job, then that is evidence to demonstrate that a hostile work environment has been created.
Title VII also created the Equal Employment Opportunity Commission (“EEOC”). The EEOC is the state agency that serves to monitor violations of the Act. In doing so, the EEOC notes that 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 South Dakota, a hostile work environment occurs when the working conditions for an employee become so hostile that they hinder that employee’s ability to perform their job. Once again, this can result from harassment based on race, color, creed, religion, sex, ancestry, disability, or national origin.
Once an employer becomes aware of a hostile work environment situation, it becomes their responsibility to take corrective action. If they do not, then the Act allows an employee to recover against their employer for the creation of a hostile work environment.
Specifically, when a hostile workplace is created, the affected employee may initiate a hostile work environment claim. A local attorney in South Dakota 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?
In short, you should always take immediate action if a hostile work environment is impacting your job. As such, if you are suffering from a hostile work environment, you should immediately:
- Document Everything: First, you should keep a detailed record of any incidents that you will 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) and give them 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 South Dakota. South Dakota law provides that the statute of limitations for filing a charge related to a hostile work environment or employment discrimination is 180 days from the last instance of discrimination.
Further, if you’re making a civil claim under South Dakota law, the South Dakota Division of Human Rights (“SDDHR”) must receive your notarized Charge of Discrimination within that 180-day time frame.
How Do I Prove a Hostile Work Environment?
In order to demonstrate a hostile work environment has been created in South Dakota, 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 you suffered was severe and pervasive enough to create an abusive work environment
- That your employer knew or should have known about the harassment and failed to take prompt and corrective action
- Once again, you will need to document the date and details of your initial report to your employer
- You must lastly identify the protected characteristic(s) that were the basis for your mistreatment and how that mistreatment impacted your ability to work
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 South Dakota and federal law. You might have experienced emotional distress, lost wages, or other economic damages as a result of a hostile work environment. If so, your employer may be required to compensate you for such injuries.
Further, during the EEOC or SDDHR 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.
Additionally, 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 South Dakota Lawyer for a Hostile Work Environment Lawsuit?
If you have suffered harm as a result of a hostile work environment in South Dakota, it is recommended that you immediately contact an experienced South Dakota 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 locating and 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 law and South Dakota’s discrimination laws.
An attorney will also be able to ensure that you meet all deadlines for filing your lawsuit and assist you in following all the appropriate procedures to pursue a hostile work environment claim. An attorney will also be able to draft your civil complaint against your employer. Finally, an attorney can also represent you in court, as needed.
