Legal Criteria for a Hostile Work Environment?
In order to have a successful claim against an employer for a hostile work environment, you must typically be able to demonstrate two key elements.
- First, you need to be able to demonstrate that the behavior was so severe and pervasive that it impacted the nature of your employment with the company. Employees are usually able to prove this element by providing evidence of a consistent pattern of abuse towards employees in the workplace.
- The second element you have to prove to have a successful hostile workplace claim is that the behavior was specifically targeting you from a protected group, such as race, sexual orientation, disability or religion.
For example, if an employer utilizes behavior that only affects women, this would meet the standard, whereas behavior targeting all employees ‘equally’ would not. It’s important to remember that it is not against the law for your employer to be rude, discourteous, disagreeable, or unpleasant.
Zeff Law Firm’s lawyer for hostile work environment can help you identify whether you are able to sue for workplace hostility and identify the options you have to improve your workplace environment.
How Our Hostile Work Environment Lawyers Can Help
Harassment based on a protected class such as sex, race, religion, and even complaints about a protected class still remains one of the most common forms of discrimination in the workplace today. It can come in many forms, such as sexually inappropriate language, unwanted touching, misogynistic treatment, comments, lack of participation, poor evaluations, and unequal treatment of an employee. Sexual harassment also exists where a man or woman is treated worse because that employee does not engage in sex or even sexually flirting with his or her supervisors or superiors.
Hiring an experienced hostile work environment lawyer in Philadelphia & Mt Laurel, New Jersey will put you in a better position to win your case. Our experienced hostile work environment attorneys are dedicated to providing comprehensive support and expert legal representation for individuals facing abusive and discriminatory workplace conditions. Here’s how we can assist you:
Expert Legal Consultation
- Case Evaluation: We start with a thorough evaluation of your situation to determine if it meets the legal criteria for a hostile work environment. This includes assessing the severity, frequency, and impact of the conduct you’ve experienced.
- Personalized Guidance: Based on our assessment, we offer personalized legal advice tailored to your specific circumstances. We will guide you through the process of pursuing a hostile work environment claim, including reviewing the evidence and determining its strength.
Evidence Collection and Documentation
- Guidance on Documentation: We provide clear instructions on how to document incidents of harassment and discrimination effectively. This includes maintaining detailed records of incidents, communications, and any actions taken by the employer.
- Gathering Evidence: Our team assists in gathering and preserving evidence, such as emails, witness statements, and other relevant documentation, to build a strong case.
Filing Complaints and Legal Actions:
- Internal Reporting: We guide you through the process of reporting the hostile work environment to your employer, ensuring you follow the correct procedures and protocols.
- EEOC and State Complaints: If internal reporting does not resolve the issue, we help you file formal complaints with the Equal Employment Opportunity Commission (EEOC) or relevant state agencies. We handle all the paperwork and procedural requirements on your behalf.
- Legal Representation: As your case proceeds, your hostile work environment attorney will represent you in court and negotiate a settlement on your behalf.
Negotiation and Settlement
- Employer Negotiations: Our lawyers are skilled negotiators who can engage with your employer to seek a resolution without the need for a lengthy court battle. This can include negotiating settlements or other remedies that address your grievances.
- Settlement Agreements: If a settlement is reached, we ensure that the terms are fair and protect your interests. We also review and explain any agreements before you sign.
Ongoing Support and Advocacy
- Continuous Support: Throughout the legal process, we provide continuous support and keep you informed of any developments in your case.
- Advocacy: We advocate vigorously on your behalf, whether in negotiations, administrative hearings, or court proceedings, to ensure your voice is heard and your rights are upheld.
If you can prove a hostile work environment, you may be entitled to compensatory damages. These damages typically include claims for lost wages, including back pay and benefits.
Most courts prefer the reinstatement of the employee and the termination of the offending employee as a resolution to the claim. State employment laws may offer more protection than federal law. Contact our hostile work environment lawyers in Philadelphia and Mount Laurel at 215-694-8885 to learn more.