A hostile work environment occurs when unwelcome conduct in the workplace creates an intimidating, offensive, or abusive atmosphere. Such environments can severely impact an employee’s ability to perform their duties and enjoy their rights at work. This behavior, which is often repetitive and severe enough to violate state and federal laws, often stems from discrimination based on race, gender, religion, or other protected characteristics.
If this is happening to you, know that legal help is available. At the Law Office of Robert B. Landry III PLC, we are committed to defending the rights of those who have been subjected to a hostile work environment in Louisiana. You don’t deserve such treatment, and we want to help you assert your right to a safe, harassment-free workplace.
Why Hire Us for Your Hostile Workplace Claim?
At the Law Office of Robert B. Landry III PLC, we understand the strain and turmoil a hostile work environment can inflict on you. When you hire our law firm to handle your employment law claim, you benefit from the following:
- Extensive Experience: Attorney Robert B. Landry III brings decades of experience from working as a corporate attorney, where he handled several employment law cases. He understands what constitutes a hostile environment as well as your rights as an employee.
- Proven Track Record: With years spent as a partner in a major Louisiana law firm, Mr. Landry has demonstrated success in a wide range of employment disputes, from workplace discrimination to wrongful termination.
- Professional Recognition: Certified as an Employment Law Specialist by the Louisiana Board of Legal Specialization, Mr. Landry has recognized authority in this area of law.
- Strategic Approach: Whether through negotiation, mediation, or courtroom litigation, Mr. Landry tailors his approach to achieve the best possible outcome for you.
- Wide Service Area: Serving clients across Baton Rouge, New Orleans, Lafayette, and throughout central and south Louisiana, our firm is accessible to a broad range of individuals seeking legal help with employment law issues.
At the Law Office of Robert B. Landry III PLC, we are prepared to help you confront the challenges of a hostile workplace and restore your professional environment. If you believe your rights as an employee have been compromised, contact us today to discuss how an employee rights lawyer can assist you.
What is a Hostile Work Environment?
A hostile work environment arises when offensive conduct at work creates an atmosphere that is intimidating, hostile, or offensive enough to affect an employee’s job performance. However, personality conflicts, rudeness, sharp language, bullying and other workplace mistreatment is not unlawful unless it is motivated by protected status.
Under both Louisiana and federal law, a workplace is unlawful and hostile when it involves discrimination against protected characteristics such as:
- Gender
- Race
- Religion
- Age
- Disability
- Pregnancy
- Sexual orientation
- Ancestry/National origin
- Reporting certain illegal workplace activity
Examples of illegal conduct that can contribute to a hostile environment at work include:
- Unwanted sexual advances (sexual harassment)
- Race discrimination and slurs
- Threatening comments
- Derogatory comments about pregnant employees
- Pervasive teasing tied to an individual’s protected characteristics
- Displaying offensive symbols or images
These actions must be more than just minor annoyances; they need to be severe or frequent enough to disrupt an employee’s ability to do their job. Such an environment can lead to emotional distress, decreased job performance, and even physical symptoms such as headaches or high blood pressure. Often, employees may feel forced to leave their jobs to escape the situation, which can lead to lost wages and career development opportunities.
Your Rights as an Employee
As an employee in Louisiana, you are protected under several state and federal laws designed to ensure a safe and equitable workplace. State laws, alongside federal regulations, offer a framework for addressing legal issues such as employment discrimination, sexual harassment, and retaliation in the workplace.
State Anti-Discrimination Laws
Louisiana’s employment laws protect workers from discrimination based on age, race, color, religion, sex, or national origin, similar to federal guidelines. These laws also cover disability status and sickle cell trait. It’s important to know that Louisiana has mechanisms in place for employees to file complaints directly with the state’s Commission on Human Rights.
Federal Anti-Discrimination Laws
At the federal level, Title VII of the Civil Rights Act is a key piece of legislation that prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. This act provides a legal pathway for employees to challenge and seek redress for such behaviors.
What to Do if You’re Experiencing a Hostile Work Environment
Dealing with a hostile work environment can be overwhelming, but taking decisive steps can help you protect your rights and improve your situation. Here’s what you can do if you find yourself in such a situation:
- Address the Behavior: As soon as you perceive actions or comments that contribute to a hostile work environment, address them directly if you feel safe doing so. Inform the offending party that their behavior is unwanted and must stop. This can sometimes halt the offensive conduct immediately and prevent further issues.
- Report the Behavior: If the unlawful harassment continues or if you are uncomfortable handling it directly, report the issue to your human resources department. Be clear about what occurred, including who was involved and when it happened. It’s important to follow established reporting procedures to ensure the issue is officially acknowledged.
- Document Everything: Keep a detailed record of all incidents, including dates, times, locations, and who was present. Save any related emails, messages, notes, or other documents that could support your account. Documentation is crucial as it provides concrete evidence that can be used to substantiate your discrimination claims.
- Ask for Updates: After reporting the behavior, follow up with human resources to find out what steps are being taken to address the situation. Keeping the communication lines open with HR not only shows your proactive stance but also pressures them to act.
- Understand Your Rights: You have the right to report a hostile work environment without fear of retaliation. Federal and state laws protect you from being punished for standing up against workplace discrimination, harassment, or any form of hostility. If you become a victim of employer retaliation, see a discrimination attorney.
- Speak to an Employment Law Attorney: If the situation is not resolved internally or if you face retaliation after making a complaint, it’s crucial to seek legal advice. A Louisiana hostile workplace attorney can offer guidance on how to proceed, whether it’s negotiating a resolution with your employer or filing a lawsuit.
Taking these steps can help you assert your rights and work towards a resolution. Remember- no one should have to endure a hostile work environment, and there are legal paths available to address such issues.
Can You Sue Your Louisiana Employer for a Hostile Workplace?
Yes, you can sue your Louisiana employer for a hostile workplace if certain conditions are met. Understanding when you can take legal action is important for protecting your rights as an employee.
Liability of Various Parties
In a hostile work environment, the person responsible for the abuse or discrimination might not just be your employer. However, the employer is generally responsible for ensuring a safe working environment.
Employer’s Responsibility
Once an employer is aware of a hostile work environment, they must address and resolve the issue. This is true regardless of whether the complaint is against them directly or involves another employee. Failure to take appropriate action can make the employer liable for allowing the discriminatory behavior to continue.
Most workplaces have formal procedures for reporting grievances, including those related to a hostile work environment. If you are unsure about this process, you should ask for the specific procedures to ensure your complaint is formally recognized.
Conditions for Employer Liability
For an employer to be held liable, they must have been made aware of the workplace harassment or discrimination and failed to take adequate steps to address it. If the employer did not know about the hostile acts and was not involved in them, they are typically not considered liable unless it can be shown that they should have known about the actions.
If you find yourself in a hostile work environment, it’s important to document the issues, follow established procedures for making a complaint, and consult with a Louisiana hostile workplace attorney to understand your rights and options. If your employer fails to resolve the situation after being informed, seeking legal counsel can help you determine if you have grounds for a lawsuit.
Questions? Speak to a Louisiana Hostile Workplace Attorney Today
If you are facing a hostile work environment, taking the first step toward resolving the issue can feel intimidating. At the Law Office of Robert B. Landry III PLC, our experienced lawyers are here to help guide you as you seek justice.
We understand the sensitivity of these matters and assure you that all communications with our firm are held in the strictest confidence. To schedule an appointment, call us or schedule an appointment on our website today. We have offices in Baton Rouge and New Orleans to serve you better.