Employment Law

Who Is A Hostile Work Environment Attorney? How Can They Help You?

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18 December, 2023

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Today, we tell you all about a hostile work environment attorney. Are you facing discrimination based on race, gender, age, religion, or other protected categories at your workplace?

Are you dealing with workplace harassment or bullying?  Have you been unfairly terminated due to a hostile work environment?  

Verbal abuse or offensive behavior is not fair in workplaces. Retaliation after reporting harassment or discrimination is also not fair.

If you are dealing with issues related to company policies or practices that contribute to a hostile work environment, we are here to help you.

How Hostile Is A Hostile Work Environment?

There is unfortunately often a need for a hostile work environment attorney In the workplace, every individual deserves a safe and fair environment. Unfortunately, some workers may face unjust and unlawful treatment at the hands of employers. Moreover, many employees may not fully understand their rights. They may also hesitate to challenge their employer, fearing potential repercussions on their job.

However, these unjust actions often result in financial losses. The trauma from a hostile work environment can lead to missed career opportunities and emotional strain.

What Constitutes A Hostile Work Environment?

Unfair labor practices can manifest in various forms. A hostile work environment attorney can help you with each of this. 

  • Wrongful termination.
  • Discrimination.
  • Harassment.
  • Denial of reasonable accommodations.
  • Refusal of leave.
  • Employer retaliation, and
  • Violations related to wages and hours.

Therefore, workers facing such unethical treatment may not be aware of their rights. They may feel scared to confront their employer for fear of adverse consequences.

What Kind Of Harassment Can Lead To A Hostile Work Environment?

Before you hire the services of a hostile work environment attorney, let us find out what workplace harassment is. A hostile work environment can manifest in various forms. For example, it can happen through sexual comments or harassment. These instill fear and intimidation in the victim.

The criteria for what defines a hostile work environment can differ depending on the workplace.

For instance, in certain settings like a tattoo parlor, it is common for people to be shirtless while getting a tattoo.

However, in an office setting, if someone appears shirtless with offensive tattoos, it can discomfort other employees. Therefore, this behavior is likely to be creating a hostile work environment.

Protected Characteristics

Unwanted remarks that unreasonably disrupt an employee’s work and are regarding the following.

The employee’s

  • Race
  • Color
  • Religion
  • Sex, including pregnancy
  • National origin
  • Age (if the employee is 40 years of age or older)
  • Disability
  • Genetic information
  • Or any other legally protected characteristic.

Thus, you can visit a hostile work environment attorney is you are victim to the following.

Who Can Be Responsible For A Hostile Work Environment?

You must understand whom you can sue through the help of a hostile work environment attorney. Individuals who may contribute to a hostile work environment include the following. 

  • Coworkers
  • Supervisors
  • Managers
  • Repeat clients
  • Vendors
  • Visitors
  • Contractors
  • Other staff members who are in contact with the employee.

It’s important to understand that not every minor incident, trivial offense, or irritation creates a hostile work environment. Neither are these legally actionable. However, if someone faces offensive and unwelcome behavior that significantly affects their job, it is a cause of concern.

Thus, they may have grounds to pursue legal action against their employer for a hostile work environment.

What Attorney Can Help Me With A Hostile Work Environment?

Employment lawyers are the lawyers that you visit in case of a hostile work environment.  They have expertise in workplace laws (employment laws and labor laws). However, a hostile work environment attorney is a professional who specializes in these matters.

Think of them as employment attorneys who deal exclusively with legal issues arising out of hostile work environment.

Thus, they offer vital guidance on how to respond to and address a hostile work environment.

Victims of hostile workplaces and cultures should reach out to experienced employment lawyers for assistance.

A List Of Carefully Curated Hostile Work Environment Attorneys For You

If you find yourself in a hostile work environment, speaking to a lawyer is a wise choice. A hostile work environment consists of unwelcome conduct that may lead to discomfort, fear, or intimidation. Now, anyone can be a victim, employers, employees, workers, temporary staff and even vendors.

Thus, for cases of harassment, discrimination, victimization, violence, or other offensive behaviors, a hostile work environment Attorney is the best choice for you. If you’re facing such situations, you can go through our list below and choose an attorney for legal help.

  • Haeggquist & Eck, LLP is a law firm specializing in employment law, offering a free case evaluation at (619) 342-8000.
  • Burnham Douglass is another employment law firm providing a free consultation at 856-751-5505.
  • J.P. Ward & Associates, specializing in employment law, offers a free consultation at (310) 712-6848.

An Attorney Who Can Review Lawsuit Criteria For Hostile Work Environment

The criterion for a successful lawsuit regarding a hostile work environment can vary. Mostly it will depend on the jurisdiction. Employees have the option to file such lawsuits in state or federal courts. 

Therefore, this is where the role of a Hostile Work Environment attorney comes into play. They primarily focus on workplace discrimination arising out of protected characteristics and help the victim receive remedies.

Federal Enforcement Of Laws Against Hostile Work Environment by the EEOC

The Equal Employment Opportunity Commission (EEOC) oversees federal laws governing workplace discrimination. They assess multiple factors. This will include the nature and frequency of harassment, discriminatory intent, the employer’s response. Lastly, these laws take into consideration the impact on the employee.

Evaluating Harassment Factors

The attorney will conduct an assessment of whether physical, verbal, or both kinds of harassment took place. Physical intimidation will result in severe consequences. Frequency plays a pivotal role. Therefore, ongoing harassment consisting of severe incidents will receive the gravest punishments from the court.

Proving Discriminatory Intent With The Help Of Your Hostile Work Environment Attorney

A critical element in a federal hostile work environment claim is showing and proving the intent targeting protected characteristics. Moreover, the court will also consider the employer’s response to the claim.

Therefore, a failure to take measures upon notification will make the employer equally liable as the accused.

Immediate Reporting and Impact Assessment

Promptly informing the harasser and reporting to management will prevent escalation. Moreover, the impact on job performance due to a hostile, intimidating, or abusive environment is important. So, it is something that the court will also consider.

State Jurisdiction Variations

State or local jurisdictions have distinct regulations against workplace discrimination. Therefore, it is helpful to consult an attorney to strategize your case facts and then opt for legal remedies.

To Conclude

You should only file your claim for a hostile work environment when you’ve notified the harasser and the management. Moreover, remember to involve the Human Resources about the offensive behavior. 

So, when being questioned by hr for hostile work environment do you need an attorney present? Well, you can always choose to have your hostile work environment attorney present in such cases. They can even answer on your behalf if things get tricky.

It is important that you have documented evidence of reporting the issue for a successful claim.

However, if the harassment persists, leading to a hostile work environment, you should then approach your local state agency.

Usually, there are multiple local bodies that oversee workplace harassment or the EEOC. These agencies can investigate your claim and decide whether filing a lawsuit is necessary. But remember to consult your hostile work environment throughout the process.

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Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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