Legal Steps to Address a Hostile Work Environment
A new survey from the American Psychological Association revealed that 19% of workers say their workplace is very or somewhat toxic. One out of five employees in the United States has experienced workplace hostility. Toxic work cultures were the reason for the massive resignations during the pandemic.
A hostile work environment can negatively impact an employee's performance, mental health, and well-being.
There are laws in place in different states regarding this issue. For example, a hostile work environment in California can lead to a lawsuit if harassment or discrimination is documented and reported.
Learn more about the next steps and possible ways to deal with a hostile work environment.
Recognizing a Hostile Work Environment
Repeated insults, gossip, or exclusion from team activities could signal a hostile work environment. If you find that your work makes you anxious or stressed, it's a sign that something's not quite right. Do not ignore your instincts and immediately find a solution to reduce your anxiety or stress.
Some signs of a hostile work environment are not obvious and may manifest through other signs, like a general lack of support in the workplace.
Understanding Your Rights
It is important to know your rights as an employee once you have established that a hostile environment exists in your workplace. An employee has the right to work in an environment free of harassment, discrimination, and bullying.
Title VII of the Civil Rights Act is one of the federal laws that protects you from discrimination in the workplace, including race, color, religion, sex, or national origin. A hostile atmosphere created by your employer or coworkers could give you ample grounds to take action.
You also have the right to report incidents without fear of retaliation. Employers are legally obliged to investigate and take appropriate action with respect to complaints. Know your company's policies regarding harassment and discrimination. These policies should outline your rights as well as the process for filing complaints.
Educate yourself with state and local laws. Most states have their laws complement federal provisions. You aren't alone; there are all kinds of resources and organizations established to help you through such a thing. There are several kinds of resources and organizations that aim to help victims of hostile work environments.
Documenting Incidents
Being aware of and knowing how to report incidents of a hostile work environment will definitely help you build a good case. Record any signs of inappropriate behavior. Include the date, time, place of the incident, and the names of any witnesses.
Avoid using general terms like "bad behavior". Be very specific and name what actions or words specifically made you uncomfortable. Keep a copy of any emails, texts, or other forms of communication that add to the hostility at work. These documents could be valid proofs.
Get a dedicated notebook in which you write these things down regularly. Repeat log-entry will help you remember a lot more and will show an ongoing pattern of behavior over time. If the situation escalates, you will have all the necessary information at your disposal for a comprehensive presentation.
Reporting the Behavior
Once you have prepared all your evidence and documentation, you can now report what happened to the appropriate parties. Determine who in your organization would handle complaints like these. Usually, these cases are handled by a manager, an HR representative, or maybe even a designated diversity officer.
Stick with the facts and avoid appealing to emotion. You want your report to be taken seriously and considered business professional.
Drafting specific complaint demonstration guidelines requires the completion of a form or having an initial meeting serviced by the welcoming committee. Do not hesitate to ask the one attending to your report about any questions about the process.
Seeking Internal Resolution
Resolving the issue internally can be another option to address workplace hostility.
Read your company's harassment and conflict resolution policies. Know all procedures set by the company to handle complaints. Schedule a meeting with your supervisor or HR representative. Clearly outline your concerns and give them specific examples of the hostile behavior you have experienced or observed.
If you feel comfortable, you can directly speak with the individual causing the problem; sometimes confronting the behavior can help rectify the situation.
Wait for the internal process to investigate this matter. Keep in mind that internal resolutions take time.
Exploring Legal Options
Legal options are available if internal resolution does not solve the problem or satisfy the aggrieved party.
Having a thorough and organized record of relevant documents can be very useful when you choose to take the matter into court.
You may pursue filing an EEOC complaint for a charge against your employer or file it with your own state's labor department.
Other options include dispute resolution or arbitration, which will be less official and faster than litigation. Legal actions take time, and they can prove to be tiring exercises, so make sure that emotional preparation is taken into consideration. Prepare to be patient since legal actions take a long time and can be tiring to affected individuals.
Consulting With an Attorney
Having employment lawyers by your side allows you to receive helpful legal advice regarding the best steps you should take for your particular situation. Be transparent with your lawyer and provide information about workplace incidents that create a hostile feeling, including discriminatory behavior, harassment, or other forms of retaliation.
Before choosing an attorney to represent you, check their track record and see how they solved similar cases. This will help gauge how their work ethics align with yours.
An attorney can simplify complex legal procedures for you, such as mediation, a complaint with the Equal Employment Opportunity Commission, or anything you choose to file.
Conclusion
Invest in a skilled legal professional to address hostile work environment issues in your company. Be proactive in the protection of your rights and immediately hire a lawyer once signs of a hostile work environment manifest in your workplace.