At the Carlile Law Firm, LLP, our Marshall hostile work environment lawyers know that it is often difficult to distinguish between unfriendly and unlawful workplace behavior. Unfortunately, being unkind isn’t against the law, but creating a hostile work environment is.
In Texas, a hostile work environment is a workplace where an employee is subjected to severe or pervasive unwelcome conduct based on a protected characteristic that creates an intimidating, hostile, or abusive working environment.
Our Harrison County employment law attorneys help Texas employees identify the criteria associated with hostile working environments so they can pursue their employers for allowing unlawful conduct to persist. We understand that constant exposure to harassment or discriminatory behavior can lead to high levels of stress and anxiety, making it difficult for employees to focus and perform their duties.
These negative interactions and criticism can erode an employee’s self-esteem and self-worth, contributing to feelings of helplessness, hopelessness, and depression, especially if the employee feels trapped or unsupported.
The good news is that you do not have to deal with persistent hostility, which can lead to emotional burnout, where you feel drained and overwhelmed. We can help. Contact our Marshall hostile work environment lawyers today and learn how we can use our over 100 years of combined experience to benefit you.
Texas’s definition of a hostile work environment aligns with federal standards under Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws.
Here are the key elements that characterize a hostile work environment:
The behavior must be unwelcome by the employee. This can include actions, statements, or displays that the employee finds offensive or unwanted.
The conduct must be based on a characteristic protected by law, such as race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
The behavior must be either severe (including physical assault or threats) or pervasive (ongoing jokes, comments, or gestures) enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
The conduct must unreasonably interfere with the employee’s work performance or create an intimidating, hostile, or offensive work environment.
The environment must be hostile in the eyes of a reasonable person (objective standard) and the particular employee subject to the conduct (subjective standard).
Common examples of conduct that meets the legal standard of a hostile work environment include, but are not limited to:
Working in a hostile work environment can have far-reaching effects, affecting various aspects of an employee’s life. Employees need to recognize these effects and take appropriate steps to address the situation, whether through internal reporting mechanisms or seeking external legal assistance. We can help. Contact our Northeast Texas hostile work environment lawyers today to discuss the details of your unlawful workplace activity during a free consultation.
If you find yourself employed in a hostile work environment in Texas, it is crucial to take specific steps to protect your rights and well-being.
They include:
The first step is documenting the hostile behavior by maintaining a log of all incidents contributing to the hostile work environment. The log should include dates, times, locations, involved parties, and specific details of the behavior. Remember to retain any physical evidence, such as emails, texts, voicemails, or photographs, that corroborate your claims.
Next, familiarize yourself with your company’s policies on harassment, discrimination, and reporting procedures. If a handbook accompanies your employment, it should include details about identifying the appropriate channels for reporting the behavior, such as your supervisor or human resources (HR) department. Following your company’s procedures, report the hostile behavior. Provide a detailed account and any evidence you have.
Whenever possible, submit your complaint in writing to create a record of your report.
Follow up with HR or the person handling your complaint to check the status and ensure it is taken seriously. Document all interactions and responses from HR or management regarding your complaint.
If internal reporting does not resolve the issue, file a complaint with the Equal Employment Opportunity Commission (EEOC). This federal agency handles claims of workplace discrimination and harassment.
You can also file a complaint with the Texas Workforce Commission (TWC) Civil Rights Division, which enforces state anti-discrimination laws.
There are strict deadlines for filing claims with external agencies. For example, discrimination charges must generally be filed with the EEOC within 300 days of the alleged discriminatory act or 180 days if filing with the (TWC).
These agencies will investigate the claim and may seek to resolve it through mediation or settlement. If the issue is not resolved, the agency may issue a “right to sue” letter, allowing you to file a lawsuit in state or federal court.
Contact our experienced Northeast Texas employment attorneys to discuss your situation, understand your legal rights, and explore your options. We can help you prepare for legal action, including filing a lawsuit if necessary.
Remember, retaliation for reporting hostile behavior is also illegal. If you are met with retaliatory actions, such as demotion, termination, or adverse changes in job duties, you may have another claim against your employer.
We can help enforce your Texas workplace rights and put these stressful circumstances behind you by seeking the following legal remedies:
At the Carlile Law Firm, LLP, we understand a hostile work environment is a severe issue that can significantly impact an employee’s well-being and job performance. Understanding the legal definition and the steps to take can help protect your rights and seek justice.
At the Carlile Law Firm, LLP, our dedicated hostile work environment lawyers in Marshall understand that we—our attorneys, support staff, and clients—share the same small community. We want to help our fellow Marshall, Harrison County, and Texas residents pursue justice for their unlawful workplace circumstances so they can take back control of their lives.
Contact our experienced Harrison County hostile work environment attorneys today to discuss your challenges with trusted Marshall, Texas, community members and learn how we can use our over 100 combined years of experience to help you.
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