An employee may have the opportunity to sue their employer in Washington for a toxic work environment or hostile work environment in some situations. A hostile work environment lawsuit can be filed in a federal court or Washington state court depending on the circumstances of the case.
The federal agency that enforces the laws that govern workplace discrimination based on federally protected characteristics is called the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims that are submitted by workers who believe their workplace situation may involve a hostile work environment.
A hostile work environment may arise based on several factors, such as:
- The frequency of the harassment
- The type of conduct
- The employer’s response
- Discriminatory intent
- How the harassment affected the employee
The claim will be investigated by the EEOC, including the actions and conduct of the parties to determine the type of harassment that was occurring in the individual’s workplace. The EEOC will also determine if the harassment was pervasive or was limited to one single incident.
In most cases, one single incident will not meet the level of a hostile work environment unless that incident was extremely serious. Additionally, the employee will be required to demonstrate that the harasser had discriminatory intent based on protected characteristics to win a case in federal court.
The harassing conduct must be discriminatory in nature and based on federally protected characteristics. The EEOC also investigates how an individual’s employer responded to the harassing conduct.
EEOC investigations include determining whether the employer took action to remedy the harassment issues. If the employer was notified of the harassment but did not attempt to correct the situation, they may be held liable for a hostile work environment.
It is essential for the employee engaging in harassment to be made aware that their conduct is unwelcome and needs to immediately stop. The victim employee should report the harassment to management as soon as possible.
Giving members of management notice of the harassment to provide them with the opportunity to prevent further harassment issues. The EEOC makes determinations of whether or not harassment situations are severe and pervasive enough that a reasonable person would believe their work environment is abusive, intimidating, or hostile.
This often requires that the employee being affected by the harassment was affected to the point that their ability to perform their job was affected. It is important to be aware that there may be state or local laws in Washington that also regulate harassment and discrimination in the workplace, in addition to the federal laws that apply in these cases.
Because of the possibilities that different laws may apply to a case, an individual should reach out to a local attorney in Washington for advice regarding which laws may apply and the proper court in which to file the claim.
What Is a Hostile Work Environment?
A hostile work environment may become an issue when a worker faces harassment, making it difficult or impossible for them to perform their job. The harassment may be based on protected characteristics, including:
- Race
- Sex, including pregnancy
- National origin
- Genetic information
- Disability
- Color
- Religion
- Age, if 40 or older
- Any other characteristic that is legally protected
There are many examples of individuals who can create hostile work environments, such as:
- Coworkers
- Contractors
- Vendors
- Repeat clients
- Supervisors
- Managers
- Visitors
- Other staff who may have had contact with the employee
Other types of issues may also create hostile work environments, including sexual harassment. It is important to consult with an attorney for information regarding how the hostile work environment can be created and whether it may be an issue in their workplace.
When Should I File My Claim for a Hostile Work Environment?
If an employee believes that they may be facing a hostile work environment, it is essential that they address the problem immediately. As noted above, the employee should notify their harasser, management, and the Human Resources department.
These notification steps are essential in hostile work environment situations because they will help provide evidence that the employee reported the harassment. If the harassment then continues, the employee should report their issue to the local agency in Washington that handles harassment in the workplace or to the EEOC.
The agency to which the employee submits their claim will attempt to remedy the harassment issues and inform the employee whether or not they can file a lawsuit.
How Do I Prove a Hostile Work Environment?
An employee must show specific things that exist to provide their hostile work environment claim. The employee must first inform the parties listed about the harassment.
This will give the employee evidence to show that they did, in fact, report the harassment. Then, the investigating agency can make a determination of whether or not management took action to address the harassment.
The employee needs to keep records of communications they have with their employer about the harassment because this can also be used as evidence. All notifications and communications should be provided in writing whenever possible so it can be used as evidence in court.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Washington employment laws provide for legal remedies in hostile work environment cases. In these cases, compensatory damages are commonly awarded.
Compensatory damages are meant to provide the employee with compensation for lost wages or lost benefits that an employee suffered due to their inability to perform their work. These types of damages can also be awarded when an employee loses their job as a result of their work environment.
Compensatory damages are meant to place the employee back into the same position they would have been in if they had not lost their position. If the employer’s conduct was particularly egregious in relation to the hostile work environment, they may be required to pay punitive damages.
Do I Need a Washington Lawyer for a Hostile Work Environment Lawsuit?
If you are an employee or an employer who has a hostile work environment issue or complaint, it is essential to consult with a Washington hostile work environment lawyer. Although an employee does not have to have legal representation to file their complaint with the EEOC or another state agency, having an attorney can help ensure that an individual’s complaint is filed properly and with the correct agency.
If the state agency or EEOC cannot resolve an individual’s issue, they may be able to file a lawsuit in court. If you are an employer whose employee has filed a hostile work environment claim, your attorney can help protect your interests during the case.
Even though legal representation is not required when you file a complaint with the EEOC or a local agency and is not required for employees when they face a complaint, it is very important to have a lawyer representing you to ensure that your rights are protected throughout the investigation process. Your lawyer will also be able to help file the complaint and respond to complaints if you are unsure about the process or what steps to take.
Both employees and employers can take advantage of LegalMatch’s services to help them find the right attorney to resolve their workplace issues. You can submit your concerns about your hostile work environment on the website for free and receive responses from prescreened and licensed lawyers within about 24 hours.
