Work is tough enough without having to endure a harassing or antagonistic environment. Bosses aren’t the only instigators. A hostile work environment can be created by anyone, even a co-worker. And you don’t even need to be a direct victim of the harassment. You can file a hostile work environment claim simply because you are witnessing what is going on and it’s causing you distress. This kind of toxic experience seriously impacts workers’ ability to perform their jobs and even affects their health. If the court finds that the words or actions of staff have created a hostile situation at work, the employer could be held liable under state and federal laws that protect you against this type of harassment.
How do you prove it?
The first thing to prove in a hostile workplace case is that the employer is discriminating against the employee in some way. This is based on protected categories of:
Then the employee would need to show sufficient evidence of harassment. At Schwimer Weinstein, we advise you to carefully document everything you’ve experienced. Dates, if possible; names of those involved, their actions, what was said; and the names of witnesses, if any.
In a hostile work environment situation, those in authority (bosses, managers, supervisors) are automatically liable unless they can prove they had no knowledge of the situation. If an employee can show the harassment was severe and relentless, the courts will more likely be moved in your favor.
A hostile work environment should never be tolerated. If you are experiencing this kind of harassment, contact the experienced attorneys at Schwimer Weinstein right away. We would like to hear your story and help resolve your issue.
We can help. Contact Schwimer Weinstein for a free, no-obligation consultation.