In the State of Tennessee, an employee can sue their employer in situations where they are experiencing a hostile work environment or a toxic work environment. These types of lawsuits, called hostile work environment lawsuits, may be filed in a Tennessee state court or in a federal court, depending on the issues involved.
Federal workplace discrimination laws protect employees from discrimination based on federally protected characteristics. These laws are enforced by the Equal Employment Opportunity Commission (EEOC).
Once an employee submits their claim to the EEOC, the agency will investigate whether their workplace situation meets the requirements for a hostile work environment. These work environments may be created based on the following factors:
- The type of conduct
- The frequency of harassment
- The employer’s response
- Whether there was discriminatory intent
- How severely the harassment affected the employee’s ability to do their job
Hostile work environment claims are investigated by the EEOC. These investigations include reviewing whether the conduct of the individuals involved to determine the frequency and type of harassment that was occurring in the employee’s workplace.
The EEOC will also determine whether the harassment was long-lasting and pervasive or whether it was only one incident. Usually, one incident will not be considered a hostile work environment unless that one incident was extremely serious.
The employee filing the claim will have to demonstrate that the harasser’s intent was discriminatory based upon federally protected characteristics if they have filed a federal claim. The EEOC will also investigate how the complainant’s employer responded to the harassing situation in their workplace.
This includes determining whether or not the employer took steps to resolve the workplace issue. If an employer was aware of the workplace harassment and did not take steps to address the issue, they may be held liable.
What Is a Hostile Work Environment?
A hostile work environment is an issue that is created when an employee is enduring harassment, making it difficult, or even impossible, to perform their job duties. In these types of cases, harassment may be based upon characteristics that are federally protected, including:
- Sex, including pregnancy
- National origin
- Race
- Disability
- Color
- Genetic information
- Religion
- Age, if 40 or older
- Other characteristics that are legally protected
Examples of the categories of people who can be responsible for hostile work environments include:
- Vendors
- Visitors
- Contractors
- Coworkers
- Supervisors
- Managers
- Repeat clients
- Other individuals or staff who had contact with the individual making the complaint
Sexual harassment issues can also create hostile work environments. It is very important for employees who believe they are being subjected to hostile work environments to consult with an attorney for more information on the hostile work environment issue and how it can be resolved.
What Steps Should an Employee Take When Facing a Hostile Work Environment?
There are important steps an employee should take when they are facing a hostile work environment to help support their claim. First, the employee facing a hostile work environment should notify their harasser directly that their conduct is not welcome and should cease immediately.
Next, the employee should notify members of management and the Human Resources department if the company has one. This will give management the time and opportunity to address the issue.
If management does not take steps to address and correct the situation, they may be held liable. The EEOC or other state agency will also review whether or not the harassment is severe and pervasive enough that a reasonable person would believe their work environment was abusive, hostile, or intimidating.
This typically requires that the employee show that the harassment has affected their ability to perform their work. It is important to be aware that there may also be Tennessee state or local laws regulating harassment and discrimination in the workplace in addition to the federal laws that apply.
Because of the different types of laws that may apply to a hostile work environment situation, an employee should consult with a local attorney in Tennessee for advice regarding the applicable laws and the best court in which to file their claim.
When Should I File My Claim for a Hostile Work Environment?
If an employee is concerned that they may be facing a hostile work environment, they should take steps to resolve the issue as soon as they can. This includes, as discussed above, providing notification to the harassment, management, and Human Resources.
Providing these notifications will show that the victim did report the issue to all of the necessary parties. If the harassment continues after they report it to the proper individuals in their workplace, the employee should report the harassment to the local Tennessee agency that handles harassment in the workplace or the EEOC.
The agency that receives the employee’s complaint will work to suggest a remedy for the hostile work environment issues. If the issues cannot be resolved by the agency, it will inform the employee regarding whether or not they will be able to file a claim in court.
How Do I Prove a Hostile Work Environment?
There are certain factors that are necessary for an employee to prove a hostile work environment. The first is the notification to the proper parties discussed above.
This provides evidence that management did have the opportunity to investigate the employee’s claim and whether or not they took steps to remedy the issue. The employee should also keep notes and records about the interactions and communications they have with the harasser and management.
All notifications and communications between the employee and other individuals should be done in writing so they can be used as evidence in the agency complaint and in a court of law. This can be done using emails, printed letters, memos, and other types of written notifications.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Remedies that are provided for hostile work environment claims often include compensatory damages. These types of damages are used to compensate the employee for benefits or wages that they lost because of the hostile work environment.
If the employee lost their job because of the hostile work environment, they may also receive compensation. Damages are awarded to put the employee back in the position that they were in before they lost their job.
There may also be equitable remedies or remedies that do not involve money. Examples may include an injunction to stop certain actions, the company being ordered to implement certain policies and procedures to prevent further issues in the workplace, and giving the employee their previous position or a similar one.
If an employer’s conduct was particularly egregious, they may be required to pay punitive damages as well.
Do I Need a Tennessee Lawyer for a Hostile Work Environment Lawsuit?
If you are an employee who is in a hostile work environment or if you are an employer who is dealing with a complaint, it is essential to consult with a Tennessee hostile work environment lawyer. Although you do not have to have a lawyer to file a complaint or respond to a complaint, it is important to have a lawyer’s help throughout the process to ensure the proper steps are taken in case a lawsuit is necessary.
Both employers and employees can use LegalMatch to find a lawyer who can help them resolve their issues. Simply submit your question or concern on the website at no charge in just a few minutes, and within about 24 hours, you will get responses from member attorneys who are ready to begin working on your issue.
