If an employee is working in Wyoming and they have an issue with a toxic work environment, they may be able to file a lawsuit against their employer for a hostile work environment. When a Wyoming employee files a lawsuit based on this type of workplace issue, it is called a hostile work environment lawsuit.
Depending on the issues involved, the employee can file this type of lawsuit in a Wyoming state court or in a federal court. Most employees are protected by workplace discrimination laws.
Laws that govern workplaces will be enforced by the Equal Employment Opportunity Commission (EEOC), which is a federal agency. It is common for an employee to have to submit a claim to this type of agency for workplace issues.
In some workplace situations, there may be a state agency that investigates the issue. Either way, the state agency or the EEOC will investigate the complaint to determine if the workplace in Wyoming rises to the level of a hostile work environment.
The agency that is tasked with investigating the employee’s claim will look at many different issues to determine the severity of the issues in their workplace, such as:
- The frequency of harassment
- The employer’s response
- The type of conduct
- Discriminatory intent of the harasser
- How severely the harassment affected the employee
What Is a Hostile Work Environment?
A Wyoming employee can suffer in a hostile work environment if they are subject to harassment, which makes it very difficult, or even impossible, for them to perform their job duties. A hostile work environment can be based on one or more characteristics that are protected under the law, such as:
- Color
- Genetic information
- National origin
- Disability
- Sex, including pregnancy
- Religion
- Age, if 40 or older
- Race
- Other characteristics that are legally protected
A hostile work environment can also arise in a workplace due to the conduct of individuals who interact with the workplace, even those who are not employees, including:
- Visitors
- Vendors
- Contractors
- Managers
- Supervisors
- Repeat clients
- Coworkers
- Other individuals or staff
There can also be other types of harassment that create hostile work environments, including sexual harassment. Workplaces in Wyoming can be considered to be hostile when an employee is enduring pervasive and severe harassment or discrimination which makes their workplace intimidating, hostile, or abusive.
Specific examples of things that individuals in a workplace may do that can create a hostile work environment include:
- Intimidation or bullying based on a protected characteristic, such as:
- Threatening behavior
- Sabotage of work
- Verbal abuse based on a protected characteristic
- Retaliation for an employee submitting a complaint about the workplace, for example:
- Exclusion
- Demotion
- Unfavorable job assignment
- Discriminatory comments or jokes that are based on a protected characteristic and are persistent
- The displaying of offensive material, for example:
- Explicit materials
- Sexual harassment, including:
- Requests for sexual favors
- Unwanted sexual advances
- Other verbal or physical harassment that is sexual in nature
- A derogatory content aimed toward a specific group
- A racially offensive symbol
If an employee in Wyoming believes they may be subject to a hostile work environment, they should consult with an attorney as soon as they can to help resolve their workplace issue.
When Should I File My Claim for a Hostile Work Environment?
A hostile work environment claim can be filed any time a hostile work environment is ongoing or is present. It is important to be aware that there are steps the employee should take before they submit their claim to help ensure its success.
An employee in Wyoming should begin by providing notice to the proper parties about the workplace issue, which can include:
- Human Resources
- Management
- The actual harasser
- This includes advising them that their conduct is unwelcome, inappropriate and should stop immediately
When an employee in Wyoming makes these notifications but the harassment continues, they should file a complaint with the proper Wyoming agency or the EEOC. It is important to consult with an attorney for help determining the proper agency and ensuring the strongest claim possible is filed.
How Do I Prove a Hostile Work Environment?
In order to show that there is a hostile work environment, an employee will have to demonstrate that the party that is harassing the employee has discriminatory intent that is based upon one or more of the protected characteristics. The agency that conducts the investigation of the Wyoming workplace will review the conduct of the parties that are involved in addition to the workplace in order to make a determination of the pervasiveness of the harassment.
Typically, one single incident will not create a hostile work environment unless the one incident is outrageous. If members of management were notified of the issue in the workplace but did not take steps to resolve it, they may be held liable for a hostile work environment.
At any time a Wyoming employee has any type of issue in their workplace, they should reach out to a local attorney in Wyoming who can explain the local, state, and federal laws that will apply in their situation as well as the proper agency to file their complaint with.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Multiple categories of legal remedies that may be available in hostile work environment cases. Compensatory damages, or monetary damages, are one of the more commonly provided categories of remedies in hostile work environment cases.
Compensatory damages, as the name indicates, are meant to compensate a plaintiff for the wages and benefits that they may have lost because of the hostile work environment. If compensatory damages will not be sufficient to compensate the plaintiff, equitable remedies may be awarded.
Equitable remedies are remedies that are not monetary. This category of remedies instead requires a party to stop doing something or to take some type of action. One common example is an injunction that requires an employer to review their policies and procedures in order to avoid similar future issues in their workplace.
If a Wyoming employer has engaged in outrageous conduct, which may be encouraging or participating in the workplace harassment, they can also be ordered to pay punitive damages. These damages are intended to discourage the employer in the case as well as other employers from engaging in the same or similar conduct in the future.
Do I Need a Wyoming Lawyer for a Hostile Work Environment Lawsuit?
You may be an employee in Wyoming, and you believe you may be suffering in a hostile work environment. If this is the case, you should consult with a Wyoming hostile work environment lawyer as soon as possible. Even though you are not required to have legal assistance when filing this type of claim, it can be confusing and overwhelming.
Your lawyer will assist you with properly submitting your complaint to the correct agency, gathering the necessary evidence to show your workplace is hostile, and helping to ensure your claim is successful. Your lawyer will also be able to provide you with advice and guidance throughout the process and investigation.
An excellent place to find a hostile work environment lawyer near you is LegalMatch. All you have to do is submit your issue for free on the website and, within around 24 hours, you will get responses from licensed and pre-screened lawyer matches in your area.
