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Are You Being Attacked in the Workplace?

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Are You Being Attacked in the Workplace?

The federal labor law, a hostile work environment occurs when one's conduct in a workplace creates a situation that is unpleasant or difficult for another individual to work in, because of illegal discrimination. This can be on the basis of age, sex, race, religion, or disability. The complaint can also be based on another violation of federal labor laws such as discrimination on the basis of age or disability. If you feel that you have been subjected to or are suffering from a hostile environment at your job, you may be eligible for compensatory and/or reconstructive surgery.

Are you aware that a "hostile work environment" is considered chronic? Yes. It is up to the EEOC (Employee Labor Protection Act) to regularly monitor these cases and penalize those employers who continually create them. For example, if your employer continues to hire employees who are over forty years old despite knowing that those individuals' ability to remain productive will be diminished, that could be considered chronic. Also, if your employer makes you work in a condition that causes severe neck, back, or leg pain, and you are not permitted to seek any type of recovery for your pain, you have suffered a hostile work environment for which you should be compensated.

The first step to take if you feel that you are the victim of a chronic hostile work environment is to file a charge of discrimination with your supervisor. You may even want to include the offending employee as a reference in this charge. However, the EEOC will not automatically file the charge unless the supervisor or someone else on your behalf requests it. Even if the charge is ultimately filed by the EEOC, your employer may still contest the allegations and there are times when an employee files a charge of discrimination without initiating any action. If you think that you have a solid case, you may wish to consult a skilled employment lawyer.

Once you have decided to file a charge of discrimination, the next step to take is to see what your legal rights are. While you certainly do have the right to file a charge of hostile work environment, the EEOC cannot help you unless your case is strong. To ensure that your rights are protected, you should consult a reputable employment attorney with experience fighting for the rights of former and current employees. Most human resources departments are aware of the rights that employees have against being called offensive names, discriminated against for Reasons such as Age, Disability, Religion, Legally Speaking, and numerous other protected areas.

It is very important that you understand exactly what forms of conduct are covered by your charge of hostile work environment. For example, if you report an incident where the offending employee made racist remarks, this could easily be considered religious discrimination, even if the comments were made in the heat of the moment. Likewise, if you report an incident where the offending employee yelled at you, this could be considered sexual harassment. Depending on the circumstances, you may even find that reporting minor instances of bad behavior will help protect you from making a false claim. It is never advisable to accuse an employer of committing illegal behavior, so consulting a qualified employment attorney is a good idea.

You should be aware that once you file a charge of discrimination, you are also facing a potential hostile work environment claim against the company. In order for you to successfully sue your employer for this reason, you must show that the words or conduct came "with intent to create a hostile, intimidating, or offensive working environment." Additionally, it must be shown that the words or conduct caused actual harm or another employment harm. Additionally, you must show that the words or conduct continued for a minimum of six months. If you fail to follow these steps, you may find that you cannot proceed with your claim.

Unfortunately, there are many situations where employees who are accused of a hostile or abusive environment may attempt to lie their way out of a lawsuit. It is best to avoid an employer who makes any false claim of harassment or discrimination, even if the employee feels that he or she was the victim of wrongful treatment. If the employee attempts to mislead you into believing that they were not subjected to a hostile or abusive environment, you should question your decision to hire that particular employee. The fact that they were allowed to work in your workplace without being subjected to anything considered to be discriminatory or abusive is not a valid claim for discrimination or harassment.

Finally, before you decide to file a charge of hostile work environments, you should consult with a qualified employment lawyer. He or she will be able to properly assess your situation and determine if you have a case. Although there are many lawsuits that result in small settlements, even large corporations are not immune from the risks of hostile work environments. If you do feel that you have a case, you should seek representation as soon as possible.

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