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Hostile Workplace
A Hostile Workplace is an environment where certain inappropriate behavior is offensive, abusive, or intimidating enough to amount to illegal workplace harassment.
Workplace Harassment is where one or many of your protected class characteristics are being discriminated against.
(age, disability, gender reassignment, marriage, civil partnership, pregnancy and maternity, race, religion, sex, sexual orientation, and familial status)
While many hostile work environment cases are for sexual harassment, any behavior that a reasonable person with the targeted trait would find offensive, intimidating, or hostile is just as inappropriate.
Can I Sue my Employer for a Hostile Work Environment?
Employees have the right to work in a professional environment free from any form of harassment.
If you believe you are being harassed and want to sue your employer, you must show that you were subject to offensive, unwelcome conduct that was so severe or pervasive that it affected your ability to do your job.
Before filing a lawsuit we suggest you follow the process in our “How to File a Claim” section first. However, you can always contact our experienced employment attorneys at Smith Trial Group for a free consultation and advice on the next steps in the process.
Prove a Hostile Work Environment
To prove a hostile work environment, the courts will take into account the following:
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Does the victim belong to a protected class?
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Did the act happen in the workplace?
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Was the act physical or verbal?
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Was there actual physical contact?
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The number of times it happened
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How severe was the behavior?
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How others reacted
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Did they get reprimanded for their actions?
How to File a Hostile Workplace Claim
First things first, you must talk to your HR department about the issue.
If the harassment continues then you can file a claim through the Equal Employment Opportunity Commission, or EEOC. This will start an investigation and could bring the employer to mediation to try to resolve the continuing issue.
If it still continues you can seek legal advice from an experienced attorney to file a lawsuit.
Our attorneys at Smith Trial Group have 30+ years of experience.
Contact us for free so we can help you with your situation.
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Call us anytime at 855-202-2232 or fill out the form below to receive a free and confidential initial consultation.
Meet Your Attorneys
Founding Attorney
Cardon Smith graduated from Georgetown University Law Center where he was a member of the nationally-ranked mock trial team. After Georgetown, Mr. Smith clerked for a federal district court judge and then litigated high-stakes business disputes for Fortune 500 companies at a law firm in Newport Beach, California.
Jennifer Smith
Attorney
Jennifer Smith has been a lawyer for over thirty years. During her extensive legal career, and prior to her personal injury practice, she worked as a prosecutor and a criminal defense attorney. Mrs. Smith is an award-winning personal injury lawyer and has obtained numerous seven and eight-figure verdicts and settlements for her personal injury clients, including a record-setting verdict in California.
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