For many, employment is a means of generating income. For some, the workplace and their coworkers are their second home and family. Regardless of your views on the workplace, almost all professions come with the assumption that the working environment will not pose a threat to their well-being.
However, for many Americans this is not the case. Workers face the threat of harassment, discrimination, and sometimes even violence while on the job.
Statistics on Hostile Work Environments
- In 2017, over 84,000 discrimination charges of various kinds were filed with the EEOC.
- 42% of women in the United States say they faced gender discrimination at work.
- 1 in 3 women and 1 in 7 men have been sexually harassed at work.
- 75% of victims experience retaliation after speaking up about harassment.
- 2 million workers every year report workplace violence.
Statistics don’t tell the full story, but they do show the circumstances that many may face under the scope of their employment. If this is happening to you, it is important to know what to do. Although it seems straightforward, there are steps to take that will ensure your complaint is heard, respected, and acted upon.
1. Ask the perpetrator to stop.
If you are the victim of harassment, discrimination, or violence at work, the very first step is to ask the perpetrator to stop. It is important to make clear that you don’t appreciate the behavior. Many times issues resolve through a simple conversation. There are some instances in which the behavior may be unintentional or they are unaware of how their actions are perceived. Remain calm and respectful. If it is a threat of serious violence, contact the authorities.
2. Collect evidence and keep notes.
If the person does not stop, start documenting the behavior. Documentation can take the form of direct evidence like emails and text messages or circumstantial evidence like the timing of an adverse employment action. You can also keep a dairy or notes of any suspect interactions. Gather the information of anyone who may have witnessed any wrongdoing. This will help strengthen your claim when you speak with your supervisor and could be valuable evidence down the road.
3. Follow your company’s discrimination policy.
In addition to applicable state and federal laws, look at your company’s employee handbook. You will want to follow your company’s internal protocol before reaching out to a government agency. After brushing up on the applicable rules, speak with the appropriate party as outlined by your employer. Depending on the policy, this could be a supervisor or human resources. Request that they investigate the matter and present any evidence that you have documented up to this point
4. File a claim.
If your employer does not take your claim seriously or you are unable to get results, it is time to file a charge with the appropriate agency. Many states have their own agency. California, for example, has the DFEH. Federal claims are handled by the EEOC. Before filing a lawsuit, you must get the approval of one of these government agencies.
After filing, they will conduct an investigation. If the investigation is conclusive, they will then notify your employer and request that you participate in mediation to settle the dispute outside of court. If mediation fails and the investigation concludes, you will receive a Notice of Right to Sue which allows you to file a lawsuit.
5. Speak with an employment lawyer.
After a receiving a Notice of Right to Sue, you have a limited amount of time to file a lawsuit. During the investigation, it is wise to contact an employment lawyer.
An experienced employment attorney can “thoroughly investigate your case, gather evidence, and help you file a claim against your employment through the proper legal channels,” note hostile workplace attorneys at Aegis Law Firm, “recoverable damages may include economic damages for past and future earnings as well as past and future medical expenses, and noneconomic damages for past and future physical pain and mental suffering.” Moreover, legal counsel can provide direction as you gather evidence and make sense of the whole process.
The only thing worse than being a victim discrimination, harassment, or violence at work is suffering in silence. Knowing how to handle these circumstances is a vital step to preventing a hostile work environment. For more information, be sure to check out information on the EEOC website.