Hostile Work Environment

+ When is a hostile work environment considered illegal?

There is no law mandating your boss or your coworkers must be nice to you or make you feel comfortable – hostile work environment claims must be based on some form of discriminatory harassment. Harassment in the workplace becomes unlawful when the conduct becomes a requirement to continued employment, affects your salary, or impacts your job status; or the conduct is considered hostile, abusive, or intimidating.

Hostile work environment law is enforced by the Equal Employment Opportunity Commission (EEOC). To help determine if the hostile work environment you’ve experienced is considered illegal, you may submit an inquiry with the EEOC, which is followed by an interview with EEOC staff. You may submit an inquiry before actually filing a formal charge of discrimination.

+ How do I prove hostile work environment claim?

You prove your claims by documenting the hostility or harassment that you received or witnessed. Your employment lawyer will need to prove that the hostile work environment was on account of your age, race, gender, disability, sexual orientation, or other protected status. This can be backed up by your testimony, along with any physical proof, communication records, witness testimony, etc.

Your employer is not liable for the actions of its employees unless you tell management and they do not take corrective action. Thus, if you notify a supervisor about the derogatory comments, for example, and the supervisor does nothing and the harassment continues, then you have a strong case for hostile work environment against the employer.

+ Can my employer fire me if I claim a hostile work environment?

No. If your employer terminates you for making a complaint of hostile work environment, then you have a retaliation case in addition to your hostile work environment case.

+ Can I claim a hostile work environment even if I quit?

Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Hostile work environment claims may still apply under these circumstances.

+ How much is a hostile work environment case worth?

This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a hostile work environment case is, we will be able to better estimate the possible outcomes during your free consultation.

+ What is the statute of limitations for a hostile work environment case?

In Minnesota, you have one year from the date of last act of harassment to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from the date of the last act of harassment to file a claim with the Equal Employment Opportunity Commission (EEOC), if you want to bring a hostile work environment claim under Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act.

+ What should I do if I’m experiencing a hostile work environment?

Foremost, if your personal safety is not guaranteed and you feel physically unsafe at work, notify the police and don’t go back to a situation where you could be harmed.

Write everything down: all the incidents of harassment; who harassed you or a coworker, when, and where; when you told management or supervisors about the harassment, how you told them, and what actions (if any) they took; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.

Gather documents: personnel files; employee handbook; any other letters, text messages, or emails from the harasser (to prove hostility) and your employer (to prove no corrective action taken). You should send a written request to your employer requesting your personnel file, which must be provided to you under Minnesota law.