Can I Sue For Hostile Work Environment

If you have been a victim at work due to hostile work conditions, you can sue for a hostile work environment. While you are considering this move, take steps to document everything that you are going through. Take photos, keep emails, save any documentation that may help show what you are going through.

It violates federal labor laws and South Carolina labor laws to create or ignore hostile working conditions. It is also in violation of multiple civil rights codes, including Title VII of the Civil Rights Act of 1964.

When you think of suing someone for creating or ignoring a hostile work environment, your work conditions might become more complicated. Such a development is a difficult thing to go through. Getting a lawyer to help you fight this problem could resolve it so that you enjoy going to work again.

The Legal Standard for Hostile Work Environment

The legal standard for a hostile work environment to exist rests on what reasonable people would do. If a reasonable person would not endure the work environment that the plaintiff is showing, the plaintiff has a good case.

Harassment is the most common form of hostile work environment, and harassment is a broad definition. In addition to multiple civil rights acts and labor laws, creating a hostile work environment could expose the accused to criminal referrals.

The behavior needs to be more than one instance. It needs to be pervasive and continuous. If you have taken steps to solve the problem and it hasn’t stopped, you are within your rights to escalate your complaint and do something about it.

The Equal Employment Opportunity Commission (EEOC) says those work environments are not allowed. You can sue.

The Liability of the Employer

You will have to show that the work environment was hostile. A workplace harassment lawyer can help you decide how to collect documentation you don’t have yet and what to do with what you have. If you can get witnesses to testify or provide an affidavit on their experiences, that would help as well.

The employer will have to show that they tried to correct the situation before the lawsuit. If they did not do that, that would also prove that the hostile work environment was ignored.

If the employer knew about the problem and did nothing, they will be on the hook. The South Carolina Human Affairs Commission can force the employer to rehire or promote the impacted employees and even order back pay to those affected.

Your employer probably doesn’t want Human Affairs bothering them. If the situation is genuinely hostile, you can take your employer to work on that.

Contact a South Carolina Workplace Harassment Lawyer Today

Reasonable people expect to be safe when they go to work. Hostile work environments do not accomplish that goal. If you are in a situation that makes your work-life feel horrifying, the law says that needs to stop. Contact the workplace harassment lawyers at the Hopkins Law Firm for a consultation on your situation today.

[LEARN MORE]: Workplace Harassment Court Cases: Here’s What You Need To Know

FAQ

Is verbal abuse a hostile work environment?

Yes. Yes, it is. Keep track of how often it happens. Find out if anybody else at work is feeling the same thing. Ask the person to stop doing it. Keep track of that. If nothing changes, you can do something about it. You don’t need to wait weeks after you ask them to stop. You don’t have to go through that.

I don’t get along with my co-workers. Is that a hostile environment?

That depends. Is it abusive and pervasive and making your work life impossible? If so, then it could be a hostile environment. A few remarks once in a while is a jerk co-worker you should avoid. If you have nightmares about this person, talk to your boss and see a lawyer if the problem doesn’t disappear.

What compensation would I get if I won a hostile work environment lawsuit?

If you won a hostile work environment lawsuit, you would be entitled to economic damages such as monetary damages for losses incurred. You could also be entitled to emotional damages for duress, pain and suffering, loss of companionship, and more, depending on the situation. Call us for a review of your case.