You deserve a fair and equal work environment free of unlawful harassment. A hostile work environment occurs when a workplace is permeated with discriminatory intimidation, ridicule, or insult that is so severe or pervasive that it interferes with your job performance. This is what is known as an “abusive” work environment.
Our knowledgeable Nashville hostile work environment attorneys have successfully represented numerous victims of unlawful workplace harassment throughout Tennessee.
You can contact us at the above number or online.
What Is a Hostile Work Environment?Federal and Tennessee employment laws prohibit a hostile work environment that is based on an employee’s protected class or characteristic. The following are protected classes for workers in Tennessee:
To be considered a legally hostile work environment (i.e., actionable in court), the workplace harassment must be based on one of the protected classes above.
Workplace misconduct by a boss or coworker that is rude, inappropriate, abrasive, or even bullying is generally legal unless it is based on the employee’s protected class. For example, an equal opportunity jerk boss might belittle all employees in the same manner.
However, jerk bosses, bad management, personality conflicts, and favoritism are unfair but generally legal unless the reason for the different treatment is a legally protected class (e.g., a male superintendent on a construction job site constantly yells at and belittles the small number of female employees but not the male employees).
Proving a Hostile Work Environment ClaimThe most important factors in proving a hostile work environment claim are showing that the harassment is based on your protected class and that the harassment is so severe or pervasive that it creates an abusive work environment by interfering with your job.
Employment legal claims are highly nuanced and discussing your potential claims with an experienced Nashville hostile work environment lawyer is recommended.
Prima Facie Case of a Hostile Work EnvironmentTo establish a presumption that you work in a legally hostile work environment, you must show that:
If an employee establishes these elements, then the employer may be liable for its action or inaction in failing stop the hostile work environment from occurring.
Employer’s Duty to Stop a Hostile Work EnvironmentEmployers are responsible for what happens in their workplaces. The law hold employers liable for unlawful workplace harassment based on the doctrine of vicarious liability. But different legal standards apply depending on who is harassing you:
The value of a hostile work environment case varies significantly based on many factors, including what employment laws apply, the severity of the discrimination, how much money you have lost in wages and benefits, the type and quality of evidence, whether or not you reported the harassment, and if the employer has a history of similar employment law violations.
Contact one of our Nashville-based hostile work environment attorneys at the number above or online for a free online case review.
Damages in Hostile Work Environment CasesNote that compensatory and punitive damages in most hostile work environment cases are subject to a combined monetary cap under federal law. Compensatory damages are also capped under Tennessee law, and punitive damages are not available for state-law claims.
These caps are based on the size of the employer’s workforce as follows:
These limits do not apply to backpay, interest on backpay, front pay, equitable relief, or any damages recovered under 42 U.S.C. § 1981.
Employer Duty To Notify Employees of Their Workplace RightsEmployers who are covered by federal employment laws are required to post notice of anti-harassment laws in the form of the “EEO is the Law” poster. This mandatory poster is prepared by the Equal Employment Opportunity Commission and must be placed in a conspicuous location where notices are customarily posted (e.g., break room). Employers must also keep all payroll records for a minimum of three years and all wage calculation methods are at least two years.
Statute of Limitations for Tennessee Hostile Work Environment ClaimsHostile work environment claims have strict deadlines called statute of limitations. If you miss this deadline then you will be barred from going to court for your employment law claims. For many harassment claims you may have 300 days or less to file a complaint with the EEOC.
Protect Your Legal Rights – Contact Us TodayIf you have suffered from an abusive work environment, contact our Nashville hostile work environment lawyers for your free online case review at the number above or online.