In the State of Utah, an employee may be able to file a lawsuit against their employer for a toxic work environment or hostile work environment when there are certain circumstances present. When an employee has to file a lawsuit based on the issues they are having in their workplace, it is called a hostile work environment lawsuit.
If an employee files a lawsuit that is based on a hostile work environment, they may be able to file it in a state court in Utah or in a federal court. The Equal Employment Opportunity Commission (EEOC) is one federal agency that is tasked with enforcing the laws that protect employees, or the workplace discrimination laws.
When an employee submits a complaint that is related to their workplace, the EEOC or the appropriate Utah agency will conduct an investigation of the workplace to make a determination of whether or not the workplace reaches the level of a hostile work environment. There are several factors that the agency will use to determine this, such as:
- The type of conduct
- Discriminatory intent
- The frequency of harassment
- The employer’s response
- How severely the harassment affected the employee
What Is a Hostile Work Environment?
A hostile work environment is an issue that arises in a workplace when an employee is facing harassment that makes it very hard, or even impossible, for them to perform their work duties. A hostile work environment can be based on a single characteristic or numerous characteristics that are protected under the law, including:
- Color
- National origin
- Race
- Disability
- Religion
- Genetic information
- Age, if 40 or older
- Sex, including pregnancy
- Other characteristics that are legally protected
A hostile work environment may arise in a workplace based on the conduct of many different types of individuals in that workplace, including certain individuals who are not even employed there, for example:
- Coworkers
- Visitors
- Repeat clients
- Contractors
- Managers
- Vendors
- Supervisors
- Other individuals or staff
Another category of harassment that may create a hostile work environment is sexual harassment. If an employee in Utah believes they may be suffering in a hostile work environment, it is important to consult with an attorney as soon as possible for help resolving their issue.
A Utah workplace will be considered a hostile work environment when the employee is enduring pervasive or severe harassment or discrimination that makes their workplace intimidating, hostile, or abusive. The discriminatory conduct has to be based on a characteristic that is protected under Utah state laws or federal law, such as:
- Age
- National origin
- Religion
- Color
- Race
- Sex
- Sexual orientation
There are numerous specific examples of conduct that cause a workplace to be considered a hostile work environment, including, but not limited to:
- Persistent discriminatory comments of jokes that are based on the protected characteristics listed above
- Retaliation for submitting a complaint, such as:
- Demotion
- Unfavorable job assignment
- Exclusion
- Displaying offensive material, such as:
- Explicit materials
- Racially offensive symbols
- Derogatory content that is aimed towards a specific group in the workplace
- Sexual harassment, including:
- Requests for sexual favors
- Unwanted sexual advances
- Other types of verbal or physical harassment that are of a sexual nature
- Bullying or intimidation that is based on a protected characteristic, for example:
- Sabotage of work
- Threatening behavior
- Verbal abuse based on a protected characteristic
When Should I File My Claim for a Hostile Work Environment?
A claim for a hostile work environment can be filed at any time but there are a couple of steps an employee should complete first. The employee should first provide notification to the proper parties about the harassment, which includes:
- The harasser by informing them their conduct is unwelcome and inappropriate and should immediately stop
- Management
- Human Resources
This is an important step to take prior to submitting a claim because it shows that the employee did notify the harasser that their conduct was inappropriate and should stop. If the harassment does continue, the employee should file their claim with the appropriate Utah agency or the EEOC.
The agency that received the claim from the employee will try and resolve their issue. If the employee submitted their claim to the EEOC and they cannot resolve the issue, the EEOC may provide the employee with a Right to Sue Letter. Once the employee receives this letter, they will have 90 days to file their lawsuit.
How Do I Prove a Hostile Work Environment?
When an agency investigates a claim of a hostile work environment, it reviews the conduct of all parties involved in addition to the workplace situation to determine the pervasiveness of the harassment. Typically, one incident alone will not reach the level of a hostile work environment unless that incident was very serious.
If the individual’s complaint is submitted to a federal agency or is filed in a federal court, the employee will have to show that the harassing party had discriminatory intent and that it was based on a protected characteristic. The agency will also review how the employer and management dealt with the issue.
If management received notification of the harassment and did not make any attempts to stop or resolve the situation, they may be held liable for a hostile work environment. The employee will have to demonstrate that the harassment occurring at work had a major impact on their ability to do their job.
If a Utah employee is having an issue in their workplace, it is very important that they reach out to a local attorney in Utah who can advise them if there are any local or state laws that apply to the case in addition to the federal laws. If the employee needs to demonstrate that their work environment is hostile, they should begin by taking the notification steps discussed above.
This way, the agency can investigate whether or not the notified members of management took the proper steps to resolve the issue. The employee who submits the claim should ensure that they maintain detailed records of their communications regarding the harassment, as it can be used to support the claim.
As noted above, the employee will have to demonstrate that the harassment was so pervasive and severe that it affected their ability to do their job.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are several categories of remedies that may be available in a hostile work environment case. One of the most commonly awarded categories of damages is compensatory damages. These types of damages are monetary awards that are provided in order to compensate the employee for their lost wages or benefits that resulted from the workplace harassment.
Equitable remedies are another category of remedies that may be provided if compensatory damages are deemed inadequate compensation. These are non-monetary remedies and may include injunctions.
This may require an employer to do something or to stop doing something. For example, they may be required to change or rewrite their policies.
If the employer engaged in outrageous conduct, such as participating in or encouraging the harassment, they may be required to pay punitive damages as well. These damages are ordered to discourage future similar conduct.
Do I Need a Utah Lawyer for a Hostile Work Environment Lawsuit?
If you are an employee or an employer in the State of Utah who is having any type of workplace issues you may think rise to the level of a hostile work environment, it is essential for you to consult with a Utah hostile work environment lawyer as soon as possible. Although you do not have to have legal representation to submit a hostile work environment claim or participate in the investigation, it is still important to have legal representation because your job and your business may be greatly affected.
LegalMatch can help you find legal help resolving your workplace issue by matching you with licensed and pre-screened lawyers in your area who can help you. Simply submit your issue on the website and you will receive responses from attorneys in about 24 hours who are ready to help you resolve your workplace issue.
