In the State of Wisconsin, an employee may have a reason to sue their employer if they face a hostile work environment or a toxic work environment. When they file a lawsuit based on this problem at work, it is referred to as a hostile work environment lawsuit.
Lawsuits that allege hostile work environments may be filed in Wisconsin state courts or federal courts. Workplace discrimination federal laws that protect employees are enforced by the Equal Employment Opportunity Commission (EEOC).
When an employee submits a complaint, the EEOC or a state agency will conduct an investigation of the employee’s workplace in order to make a determination of whether the issues reach the level of a hostile work environment. There are many factors that may contribute to a hostile work environment, such as:
- The type of conduct
- The frequency of harassment
- Discriminatory intent
- The employer’s response
- How severely the harassment affected the employee
What Happens During a Hostile Work Environment Investigation?
During a hostile work environment investigation, there may be a review of the actions and conduct of the employee as well as their workplace to determine how pervasive the harassment is. Usually, one solitary incident will not reach the level of a hostile work environment unless there is an extremely serious incident.
The employee who filed the complaint will have to show that the intent of the harasser was, in fact, discriminatory and was based on a federally protected characteristic if they file a complaint with a federal agency or a lawsuit in federal court.
The investigating agency, whether state or federal, will investigate how management or the employer responded to the harassment issue. If they were notified of the issue and did not take any action to correct it, they may be held liable.
This will be reviewed by the state agency or EEOC to determine whether the situation was severe enough that a reasonable individual would believe their work environment to be hostile, intimidating, or abusive. This often requires that the employee be able to show that the harassment negatively affected their ability to do their job.
The EEOC or the state agency will review the harassment to determine whether it was severe enough that a reasonable person would find that their work environment was abusive, intimidating, or hostile. Often, this requires that the complainant demonstrate that it affected their ability to perform their job duties.
When an employee in Wisconsin is having issues at work, they should reach out to a local attorney in Wisconsin to determine if there are local or state laws that may apply in addition to federal laws. A lawyer can help them file their complaint with a state agency or the EEOC, help them throughout the process, and file a lawsuit in the proper court.
What Is a Hostile Work Environment?
A hostile work environment is a situation that occurs in a workplace when an employee is facing harassment that makes it difficult or impossible for the individual to do their job. In these types of situations, harassment may be based on federally protected characteristics, such as:
- Race
- National origin
- Color
- Sex, including pregnancy
- Religion
- Disability
- Age, if 40 or older
- Genetic information
- Other characteristics that are legally protected
Hostile work environments can be created by many different individuals, not all of whom are employed at the workplace, including:
- Coworkers
- Managers
- Visitors
- Repeat clients
- Vendors
- Supervisors
- Contractors
- Other individuals or staff who had contact with the individual who filed the complaint
A hostile work environment may also be created when issues of sexual harassment occur. If an employee thinks they may be suffering in a hostile work environment, they should consult with an attorney for more information on how to resolve their issue.
When Should I File My Claim for a Hostile Work Environment?
An employee should file a hostile work environment claim once they have completed a couple of steps. They should provide notifications, preferably in writing, to the people harassing them, management, and their Human Resources department about the harassment.
It is important to take this step before filing a claim because it shows that the harassed employee reported the problem to the proper parties. If the harassment continues or is allowed to continue, the employee can file a complaint with the proper Wisconsin state agency or the EEOC.
The agency with which the employee files their complaint will try to provide a remedy for the problem. If the employee submitted their claim to the EEOC and their issue is not resolved to their satisfaction, the EEOC will provide a Right to Sue Letter. Once an individual receives this letter, they will have 90 days to file a lawsuit in court.
How Do I Prove a Hostile Work Environment?
To prove a hostile work environment, the employee must take the steps listed above to ensure the proper notification was provided to the proper parties. The agency that investigates the claim will make a determination of whether or not members of management took the proper steps to remedy the issue.
It is essential for an employee to keep records of any communications with other parties about the workplace situation because it can help support their claim in court. When possible, these communications and notifications about the harassment should be made in writing.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Several different remedies may be available in hostile work environment claims. It is common for compensatory damages to be awarded to an employee if their employer is found liable for the hostile work environment.
Damages are awarded in order to compensate a plaintiff for any lost wages or benefits they lost because of the issues at their workplace. Another category of remedies, equitable remedies, may be awarded in situations where monetary damages are inadequate.
These types of remedies may include things such as an injunction. An injunction will require an employer to stop engaging in certain conduct or may require them to take action, such as reviewing their policies and procedures in order to prevent workplace issues from arising in the future.
In cases where an employer’s conduct in relation to the harassment was outrageous, they may have to pay punitive damages.
Do I Need a Wisconsin Lawyer for a Hostile Work Environment Lawsuit?
If you, as an employee or as an employer, have an issue with a hostile work environment at your workplace, it is essential to consult with a Wisconsin hostile work environment lawyer.
LegalMatch can help connect you with the ideal employment lawyer in your area for your case. Even though you do not have to have a lawyer to complete an agency complaint or participate in the investigation, it is important to have legal representation because there can be serious ramifications and future litigation in court.
Your lawyer will help you file your claim with the proper Wisconsin state agency or the EEOC if you are an employee. If you are an employer, your lawyer will help ensure you properly respond to the complaint and cooperate with the investigation while protecting your rights. If the agency cannot resolve the workplace issue, your lawyer will represent you in court, whether you are an employee or an employer.
