There are some situations where an individual can sue their employer for a hostile work environment in Texas. An employee may be able to file their hostile work environment lawsuits in federal court or state court.
There is a federal agency that is responsible for the federal laws that govern workplace discrimination based on protected characteristics, called the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate a claim submitted by an employee to determine if the legal requirements for a hostile work environment were met, which are based on:
- The type of conduct;
- Discriminatory intent;
- The frequency of harassment;
- The employer’s response; and
- The effect of the harassment on the employee.
The EEOC will review the conduct of the parties to determine whether the harassment was verbal, physical, or both. How often the harassment occurred will also be examined by the EEOC in order to determine whether the conduct of the harasser was long-lasting and pervasive or if it was only an isolated incident.
It is important to be aware that an isolated incident will not typically meet the requirements for hostile work environments unless the single incident is very serious.
The employee submitting the claim will have to show discriminatory intent in order to prevail in a hostile work environment claim in federal court. This means that the harassing behavior has to be discriminatory based on protected categories or characteristics that are legally protected by the EEOC.
Additionally, the EEOC will review the employer’s response to the harassment situation. This can include an examination of whether the employer took immediate steps to correct the harassment.
If an employer was aware of the harassment issue but did not take any steps to investigate or intervene, they are more likely to be held liable for a hostile work environment. An employee should directly inform their harasser that their offensive conduct is unwelcome and should immediately cease.
The employee should also report harassment to management as soon as they can. This step can help prevent the escalation of a hostile work environment.
It can also give management the opportunity to address the harassment issue. The harassment’s effect on the victim employee will be examined in order to determine whether or not it was pervasive or severe enough that a reasonable person would consider the work environment to have been hostile, intimidating, or abusive.
This typically requires that the harassment greatly affect the employee’s ability to perform their job duties. There may also be Texas state or local laws or agencies that regulate workplace discrimination and harassment in addition to the protections provided under federal law. Therefore, it is essential to consult with a local attorney in Texas to determine whether it is best to bring an individual’s claim to federal or state court.
What Is a Hostile Work Environment?
Employees should be able to do their jobs in healthy work environments. There are many employees, however, who are forced to work in hostile work environments that have a severe impact on their ability to complete their job duties.
A hostile work environment is created when an individual in a workplace harasses other individuals or employees to such an extent that it makes it impossible for other workers to perform their job duties. The harassment can include things such as unwelcome comments that unreasonably interfere with an individual’s work performance and is based on one of the following characteristics:
- Race
- National origin
- Age, if the worker is 40 years of age or older
- Disability
- Color
- Religion
- Sex, including pregnancy
- Genetic information
- Any other characteristic that is legally protected
Hostile work environments may be created by different individuals, including:
- Repeat clients
- Vendors
- Visitors
- Coworkers
- Supervisors
- Managers
- Contractors
- Other staff who may have had contact with the complainant
It is important for employees to be aware that not every single petty slight or isolated incident will rise to the level of a hostile work environment. However, if the employee is facing unwelcome and offensive conduct that is affecting their employment, that employee may be able to sue their Texas employer for a hostile work environment.
Hostile work environments may be created in many different ways, such as sexual harassment in Texas, which creates an environment of fear and intimidation or a toxic work environment. An individual should consult with an attorney for additional information on the ways that a hostile work environment can be created.
When Should I File My Claim for a Hostile Work Environment?
It is very important for the employee to notify the individual who is harassing them, members of management and the Human Resources department at their employer regarding the offensive conduct. This is because there must be documented evidence that the individual’s issue was reported in order to have a successful claim.
The harassment may keep occurring and the employee may be experiencing a hostile work environment. In these cases, an employee should consult with the local state agency that is in charge of harassment that occurs in the workplace or the EEOC. These agencies can investigate the individual’s claim and see if a lawsuit should be filed.
How Do I Prove a Hostile Work Environment?
Proving that a hostile work environment exists requires an employee to show certain factors. First, as noted above, an employee should inform their harasser directly that their unwelcome conduct should stop and is not welcome.
Next, an employee should report any harassment to their supervisor or management so they have the opportunity to address the issue and prevent it from getting worse. An employee should also report any harassment to the Human Resources department as soon as they can.
It is essential that the employee keep detailed records of the communications they have with management about the hostile work environment because it may serve as important evidence in the claim. Because of this, it is best to notify and communicate with management about the harassment in writing, such as by email.
An individual might decide to inform management about the harassment by phone. If so, it is important to be aware that there are state and federal wiretapping laws that may limit their ability to record the telephone conversation. Generally, as long as one of the parties consented, both Texas laws and federal laws allow wiretapping.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Pursuant to Texas employment laws, if an employee is able to show a hostile work environment, they might be entitled to compensatory damages for their losses, which may include compensation for lost benefits, wages, and back pay resulting from the individual’s inability to work. Hostile work environments may also cause an individual to lose their job.
In these situations, compensatory damages can be awarded to attempt to place the employee back into the same position they would have been if they were not forced to leave their job. In some serious cases, the employer may be ordered to pay punitive damages to the employee if they engaged in intentional conduct that created the hostile work environment.
Do I Need a Texas Lawyer for a Hostile Work Environment Lawsuit?
If you believe you may be facing a hostile work environment in Texas, it is essential to consult with a Texas harassment lawyer. Even though you do not have to have a lawyer’s help when filing a complaint with a state agency or the EEOC, your attorney will help ensure that your claim is filed properly and with the proper agency.
The Texas state agency or EEOC may not be able to resolve your issues. If this is the case, your attorney will help you gather the necessary evidence and will represent you in court in a lawsuit, if needed. If you are an employer with a worker who is alleging a hostile work environment, your attorney will help you take the proper steps to resolve the dispute and avoid legal liability when possible.
