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 conduct that created a hostile work environment.
Generally speaking, 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 workplace discrimination. Further, any form of discrimination in the workplace may lead to the creation of a toxic work environment. Then, if you are able to prove that you were subjected to a hostile work environment, you will have a cause of action to sue your employer.
It is important for both employers and employees to 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, sexual orientation, and disability, to name a few. A violation of the Civil Rights Act is one way a hostile work environment can be proven.
This means that 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 federal courts when determining whether or not a hostile work environment exists. Under that 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 acts that constitute unlawful discrimination in the workplace. In other words, any of those illegal acts may serve to alter an employee’s working conditions and make it difficult or impossible for them to do their job.
It is important to note that if discrimination in the workplace arises to a level where an employee is unable to perform their job, that is strong 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 Vermont, a hostile work environment is created when unwelcome conduct based on a protected characteristic is severe or pervasive enough to make a reasonable person feel intimidated, hostile, or abused. Unwelcome conduct can include verbal, physical, written, auditory, or visual conduct.
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 Vermont 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 a hostile work environment is impacting your job. No one should have to suffer through a toxic work environment. As such, if you are suffering from a hostile work environment, you should immediately:
- Document the Hostile Conduct: 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 on your behalf
- 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 Vermont. Vermont law provides that the statute of limitations for filing a charge related to a hostile work environment or employment discrimination is one year from the last instance of discrimination.
How Do I Prove a Hostile Work Environment?
In order to demonstrate a hostile work environment has been created in Vermont, you must demonstrate the following elements:
- Protected Characteristic: The conduct you experienced was based on a protected characteristic such as race, gender, age, disability, religion, etc.
- Unwelcome Conduct: The behavior you experienced was unwelcome and offensive
- Severe or Pervasive: The conduct you experienced was severe or pervasive enough to create a work environment that a reasonable person would find intimidating, hostile, or abusive
- Impact on Work: The conduct you experienced interfered with your work performance or created an intimidating, hostile, or offensive work environment
- Employer Liability: The employer knew or should have known about the harassment you experienced and failed to take appropriate corrective action
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 Vermont 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 investigation process, that federal agency 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 Vermont Lawyer for a Hostile Work Environment Lawsuit?
If you have suffered harm as a result of a hostile work environment in Vermont, it is recommended that you immediately contact an experienced Vermont 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 Vermont’s discrimination laws.
An attorney will also be able to ensure that you meet all state deadlines for filing your lawsuit and assist you in following all the appropriate procedures to pursue your hostile work environment claim. Finally, an attorney will be able to draft your civil complaint, and can also represent you in court, as needed.
