Yes, you may sue your employer for a hostile work environment in West Virginia. However, in order to successfully do so, you must be able to prove all of the elements required to demonstrate that you were subjected to offensive and unwelcome conduct that created a hostile work environment.
In general, hostile work environment lawsuits are commonly brought under state or federal discrimination laws. Discrimination laws in the United States are intended to clarify the ambiguity between what is and is not considered to constitute discrimination in the workplace.
Importantly, there are many different forms of discrimination that exist in the workplace that may lead to the creation of a toxic work environment. If an individual is able to prove such an environment, then they will have a cause of action to sue their employer.
Because of this, both employers and employees should understand what constitutes a toxic work environment. It is important to fully understand what is necessary for a hostile work environment lawsuit before filing a lawsuit. Generally, violating the Civil Rights Act constitutes the creation of a hostile work environment.
Under Title VII of the Civil Rights Act, employers are legally prohibited from discriminating against employees based on their national origin, race, gender, disability, or other protected characteristics.
As such, an employee who believes that they have been discriminated against based on a protected class may seek to file a discrimination complaint based on an employer’s treatment of them.
What Is a Hostile Work Environment?
Once again, before initiating a hostile work environment lawsuit, one must be able to demonstrate that a hostile work environment was, in fact, created by their employer. Title VII of the Civil Rights Act of 1964 is the legal standard that is used by courts when considering whether or not a hostile work environment was created.
Under the Act, it is illegal for employers to discriminate on the basis of race, religion, or gender, disability, or other protected characteristics. Racial, religious, or sexual harassment in the workplace are all examples of unlawful discrimination that may lead to the creation of a hostile work environment. This is because all of those acts may alter an employee’s working conditions or make it difficult or impossible for that employee to do their job.
In other words, if the discrimination in the workplace arises to a level where the employee is unable to perform their job, then that would likely be enough proof to demonstrate that a hostile work environment has been created.
Title VII of the Civil Rights Act also created the Equal Employment Opportunity Commission (“EEOC”) as a means of monitoring violations and receiving complaints. According to the EEOC, all of the following requirements must generally be met in order to demonstrate that a hostile work environment has been created:
- The workplace harassment must be both “severe” and “pervasive”
- For instance, 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, disability, 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
It is important to note that before pursuing a private legal action in West Virginia based on a hostile work environment, you must initiate a discrimination charge with the Equal Employment Opportunities Commission or your local state agency.
Then, after the EEOC or state agency has explored your claim, you will receive a right-to-sue letter. You may then utilize that letter to pursue a private court action. A local attorney in West Virginia will be able to ensure that you follow all of the necessary steps.
When Should I File My Claim for a Hostile Work Environment?
You should always take immediate action if your job is being impacted by a hostile work environment. This, if you believe you’ve experienced a hostile work environment, it’s important to do all of the following immediately:
- Document Everything: It is important to keep a detailed record of any incidents that 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 harassment, as they should always be given an opportunity to investigate and take appropriate action.
- 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, it is important to be aware of the statute of limitations for workplace discrimination lawsuits in West Virginia. West Virginia law provides that you generally have two years days from the day of the events that led to a hostile work environment to file a complaint.
However, for complaints filed with the West Virginia Human Rights Commission (“WVHRC”), you must file within one year of the last discriminatory act. For complaints filed with the Equal Employment Opportunity Commission (EEOC), you have 300 days.
How Do I Prove a Hostile Work Environment?
As mentioned above, in order to prove a hostile work environment in West Virginia, you must demonstrate all of the following:
- That you were subjected to offensive, unwelcome behavior, such as repeated or severe harassment, discrimination, or intimidation at your place of employment
- That the conduct that occurred was frequent, severe, or pervasive enough to create a hostile work environment
- That the mistreatment you received was based on a protected characteristic, such as your race, gender, religion, disability
- That your employer knew about the behavior occurring but failed to take appropriate action
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are many different remedies available for you for a hostile work environment claim. Although it may seem obvious, one of the main remedies available is that your workplace’s human resources department actually takes appropriate action to remedy the hostile work environment.
For example, your employer may take action and fire the employee responsible for creating a hostile work environment. Your employer may also offer to move you to a different position where there is no hostile work environment.
If your employer does not take appropriate action, then the EEOC may also require your employer to stop the offensive behavior through a cease and desist letter. Additionally, if you have experienced emotional distress, lost wages, or other economic damages, your employer may be required to compensate you for such injuries. You may also seek these damages in a private civil lawsuit.
The EEOC may also require that your employer revise their workplace policies and provide training to all employees in order to prevent future incidents of workplace harassment. Further, if you were terminated as a result of a hostile work environment, you may also seek to be reinstated to your previous position. This is not common, however, given the damages that are often sought in hostile work environment matters.
If you do, in fact, decide to go the private civil lawsuit route, you may also seek attorney fees in addition to the damages discussed above. In other words, if you win your case, your employer may be responsible for covering the legal fees that you incurred while pursuing your hostile work environment lawsuit.
Do I Need a West Virginia Lawyer for a Hostile Work Environment Lawsuit?
You may believe that you have been subjected to a hostile work environment in West Virginia. In that case, it is in your best interests to immediately contact an experienced West Virginia 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 setting up an initial consultation with an experienced hostile work environment attorney in your area. An experienced harassment attorney can help you understand your legal rights and options according to both federal and West Virginia’s specific discrimination laws.
An attorney will also be able to ensure that you meet all deadlines and follow all the appropriate procedures to pursue a hostile work environment claim. Finally, an attorney can also represent you in court, as needed, should your issue require legal action.
