The term “hostile work environment” is coined when a behavior creates an uncomfortable environment for the individuals working. Although it is different and much more legally binding than bullying, over time they both incite an intolerable place to be. General harassment is not covered by federal law, and there are different ways to go about reporting it. HR is a great tool for an employee feeling overwhelmed, threatened, and unappreciated at the job. This is often one of the first things a lawyer will ask to determine the scope of a case. The US Equal Employment Opportunity Commission (EEOC) says that harassment is what creates a hostile work environment. Once the harassment evolves or becomes a form of unwelcome conduct based on the race, religion, sex, age, national origin, disability or genetic information then it may be considered unlawful and pervasive enough to violate the Title VII of the Civil Rights Act of 1964. An employer or fellow employee violating these protected classes could become a party to an actionable lawsuit.
When determining whether to file a claim with HR, The EEOC, or The Equal Right Division (ERD), the first step should always be HR. The ERD will help with the state level discrimination claims but will not handle federal laws like the Americans With Disabilities Act. The claims through the ERD tend to be a faster process, but claimants are limited in the damages awarded. The EEOC is a federal agency that file claims for the discrimination but will also issue charging parties a “Right to Sue” letter, giving 90 days to file a suit in federal court with the assistance of a private attorney or on their own behalf.
The statute of limitations for these types of instances usually are under one year. When filing through the EEOC, the complaints must be made within 180 days of the incident, or in some circumstances the deadline is extended to 300 days. Claims are dismissed if brought forward after the statute of limitations. If an act of hostility is committed within the time frame, the harassment claim may be considered when determining the possibility of liability.
At OVB Law & Consulting we have taken on and specialize in employment discrimination. We feel strongly that discrimination disadvantages an individual through marginalization and could disadvantages a work environment by depriving it of the best qualified candidates.
