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A hostile work environment is a workplace where an employee or job applicant is consistently harassed or treated unfairly because of status in a protected class. A hostile work environment may come as the result of discrimination or sexual harassment. When discrimination and sexual harassment lead to feelings of humiliation, intimidation, or desperation, you likely cannot continue your daily tasks in the workplace, leading to a hostile work environment.
Your employer must provide a workplace free from discrimination and harassment. When they fail, and the workplace becomes hostile, you have a right to seek compensation. You deserve an employment lawyer that will help you stand up for your rights and fight back against your harasser and the hostile work environment they create.
Call our sexual harassment lawyers in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your hostile work environment claim.
A hostile work environment can occur when you experience discrimination or sexual harassment so severe that it prohibits you from doing your job.
The behavior must relate to race discrimination, gender discrimination, religious discrimination, national origin discrimination, color discrimination, age discrimination, disability discrimination, or any other discrimination issues related to your protected class status.
A hostile work environment must evolve from discrimination related to a protected class or sexual harassment. While working for a boss who yells excessively or is constantly angry is a horrible work environment, it is not a hostile work environment under the law.
To determine if you are dealing with a hostile work environment, contact a qualified employment or sexual harassment attorney to discuss the details of your claim.
Most states have at-will employment laws. At-will employment means that you can get fired from work or quit your job for almost any reason. You can get fired from work because your boss doesn’t like that you wear bright colors regularly. You can get fired from work because your boss thinks you are mean or rude. You can lose your job for almost any reason. However, you cannot get fired from work because you are a protected class member or reported a hostile work environment.
Call us at 800-807-2209 to schedule a free consultation about your hostile work environment claim. Our lawyers handle all employment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.
If your boss chooses to fire you because you reported a hostile work environment, it is a form of retaliation and wrongful termination. Discrimination and sexual harassment laws prohibit all forms of retaliation in the workplace.
As a victim of a hostile work environment, you have the right to fight for justice. You have the right to file a lawsuit against your employer in federal or state court. If you choose to file your claim in federal court, you must first go through the Equal Employment Opportunity Commission (EEOC) to receive a Right to Sue letter and file your claim in federal court.
If you choose to file your claim in state court, you should speak with a sexual harassment and employment attorney in your state to learn more about your legal rights.
If you file your claim for a hostile work environment in federal court, you have a statute of limitations of 180 days to file your charge with the EEOC. In some states, the time limit to file an EEOC charge is 300 days.
If you file your claim under state laws, you may have anywhere from 180 days to several years to file your claim. Contact a qualified employment and sexual harassment lawyer to learn more about your rights and the time limit to file your claim for a hostile work environment in your state.
A hostile work environment leads you to either getting fired or quitting your job out of desperation. If you become the victim of a hostile work environment, you deserve compensation. You may request relief, such as money for lost wages, reimbursement of related medical expenses, pain and suffering, and emotional distress.
You may also ask to have your employment reinstated and changes made to company policies to prevent this behavior in the future. Our lawyers handle all sexual harassment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.
New York City, New Jersey, Philadelphia, Miami, and Los Angeles has tough laws regarding hostile work environments. These laws acknowledge the greater power senior managers hold in a workplace and treat acts of harassment committed by them as if they were committed by the employer.
The laws treat harassment committed by co-workers and lower-level supervisors differently. In these cases, employers can defend themselves by investigating the harassment and taking effective remedial measures to stop it. If they fail or do nothing, they can be legally liable for the harassment.
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Empower your voice and take action against sexual harassment in every workplace, community, and home.
Don’t worry if you don’t have a copy of a harassing email or a recording of your harasser admitting the harassment. In many cases, especially when the harasser is in a powerful position or tied to people in powerful positions, the employer may make efforts to conceal his or her conduct.
There may not be a single piece of obvious evidence, but when looked at as a whole, there is often a strong case. To protect your rights, it’s important to speak with an employment attorney as soon as possible. Call today to speak with the New York City, New Jersey, Philadelphia, Miami, and Los Angeles hostile work environment attorneys at the Derek Smith Law Group.
To sue your employer for harassment under a hostile work environment theory, you must show that you were subjected to offensive, unwelcome conduct that was so severe or pervasive that it affected the terms and conditions of your employment. Getting yelled at all day long could be enough to meet this part of the test. In general, if an employee alleges that he or she is experiencing a hostile work environment, his or her employer should conduct an internal investigation to understand the reality of the situation. If the employer finds that there is a hostile work environment, he or she is required to redress the problem and stop the work environment from being hostile.
Even if the investigation concludes that there is no merit to the employee’s complaint, the employer should still inform the employee about the investigation’s findings. If the employer refuses or simply fails to deal with the problem – or, indeed, if the employer itself is the source of the problem – the employee can file a complaint with the federal Equal Employment Opportunity Commission (EEOC). The EEOC conducts its own investigation into the charge of a hostile work environment, and may also file suit against the employer on the employee’s behalf.
Having an experienced hostile work environment attorney who can help guide you through the different processes can help you fight back against a hostile work environment. Contact the hostile work environment attorneys at the Derek Smith Law Group today for a free consultation about EEOC claim representation/mediation or filing a Sexual Harassment lawsuit. Our hostile work environment lawyers charge no fee unless we recover for you.
A compassionate discrimination and harassment attorney can help you understand your rights. They can help you file your claim for a hostile work environment in federal or state court. They will stand by your side as your advocate to help you fight for your rights.
Your discrimination and sexual harassment attorney can begin settlement negotiations with your employer immediately. They can help you get the compensation and justice you deserve. They will work with you to settle your claim fairly and quickly. However, if your employer refuses to settle your claim, they can help you fight in court until the court enters a judgment.
You have a right to work in an environment free from discrimination or sexual harassment. If you are the victim of a hostile work environment, the experienced sexual harassment and employment discrimination lawyers at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles can help.
Did You Face Discrimination or Sexual Harassment at Work? Did It Create a Hostile Work Environment? Please Call Us at 800.807.2209 to Learn More About Your Rights.
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