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Texas labor laws exist to keep employees safe and protect their rights in the workplace. That said, it’s still possible for situations to slip through the cracks, leaving workers to deal with a hostile work environment. If you’re experiencing these issues at work, it’s wise to get in touch with a San Antonio hostile work lawyer.
There are different avenues to explore to protect yourself and seek recourse, and our team at The Galo Law Firm can help you determine the right way forward for you. While you can represent yourself in these situations, it’s helpful to have a professional on your side.
You can call The Galo Law Firm at 210-764-6135 or send in a form online to set up an appointment.
If you find that offensive behavior, harassment, or hostile conduct makes it difficult to do your work, you may be experiencing a hostile work environment. Every workplace has its quirks, and it would be unreasonable to expect to never have a disagreement with a colleague or manager. That said, a consistently hostile work environment is unacceptable. Not only is it unfair, but it goes against both state and federal labor laws.
Under core parts of civil rights legislation, as well as the Texas Labor Code, workers are protected from common dynamics that make for a hostile workplace. This means that if they witness or experience discriminatory or harassing behavior, they can report it and ideally have the situation dealt with in a timely manner.
To be considered a hostile work environment, the behavior must be severe or pervasive enough to change the conditions of the work. Such harassing behavior may involve derogatory comments, hateful speech, inappropriate language or jokes, direct insults, or any behavior that negatively impacts a work environment.
Employers are responsible for stopping hostile environments in the workplace. Legal violations that occur in the workplace could give you grounds to file a claim against your employer as well as the perpetrator themselves.
In order to seek legal recourse for experiencing a hostile work environment, you must be able to present a strong claim backed by evidence. To prove a hostile work environment, the complainant must show that they are a member of a protected class and experienced discrimination due to their protected class status. Protected class status depends on race, nationality, age, gender, sexuality, disability, or religion.
In order to do this, it’s pertinent to take the following measures:
If you feel harassed on the job because you belong to a protected class, get in touch with our legal team today. Our San Antonio hostile work lawyers focus on Texas laws that can help address your grievances and protect your rights.
Workplace hostility can range from minor to extreme, but all forms involve some form of unwanted and unwelcome behavior that can make the victim feel intimidated, insulted, or humiliated.
Protected class status extends to people of a certain race, national origin, age, gender identity, sexual orientation, disability, or religion.
Instances of workplace discrimination can involve the following:
Harassment from a management figure that then results in unfavorable consequences, such as losing your job, wrongful termination, a salary decrease, a pay cut, or being denied a promotion, can be a sufficient reason to file a hostile work environment claim.
One common cause of hostile work environments is sexual harassment. There are many different types of sexual harassment, and the acts don’t necessarily have to be fueled by sexual desire.
For example, posting graphic images of a sexual nature around the office or speaking loudly about sexual encounters in the workplace can be considered sexual harassment just as much as making suggestive remarks or inappropriately touching someone.
Even if you’re not the direct victim of someone’s inappropriate behavior, you can file a claim for a hostile work environment. These types of behaviors can even affect people who simply witness them.
Bullying can quickly become present in the office and come from any person on your team. It can range from subtle to extreme, and be perpetrated by a person’s boss, co-worker, customer, or regular visitor to the company. The Texas Human Resources Code handles cases of bullying in the work environment.
An instance of workplace bullying may involve:
Everyone deserves to feel safe and comfortable in the workplace, which is why it’s important to know what steps to take if you find yourself in a hostile work environment. A San Antonio hostile work lawyer can help you gather pertinent evidence and guide you through the process. Regardless, it’s still helpful to have a basic idea of the steps you’re going to take.
As soon as a hostile work environment arises, you should report it to human resources or any other relevant department. It can be scary to officially report an incident, but it’s important that you do. Otherwise, you risk weakening your case, and you will likely have to keep dealing with the harassment in the meantime.
Keep in mind that it can turn into a serious case when you’re considering taking legal action or filing charges against the boss, co-worker, or colleague. It’s wise to work with a legal professional so you can rest assured you’re handling everything correctly from start to finish.
To make your accusation stand, you’ve got to prove it. It’s important to gather evidence, such as photos, recordings, screenshots, text messages, notes, and social media comments. It’s best for evidence to show a place, time, and date.
Gathering evidence is crucial if your employer or HR doesn’t take the matter seriously. The right to pursue legal action rests on your ability to provide such evidence.
We encourage you to seek advice from an attorney as soon as you suspect that you may have a claim. While you can gather much of the evidence for your case on your own, they can use their knowledge and skills to further strengthen your case with important pieces of evidence. Moreover, they can launch investigations into the other party to invalidate their defense.
Talking to colleagues before reporting the harassment can strengthen your case. It’s common for harassers or bullies to victimize multiple people, and you may also find employees who witnessed the hostile behavior.
If you are not confident in your ability to be an effective witness, find someone who can. If the behavior continues after speaking with other employees and documenting the harassment, it’s time to report it.
If your employer is unhelpful after reporting a hostile workplace, you can take the matter to the next level. Talk to a San Antonio hostile work lawyer from The Galo Law Firm who’ll assess the merits of your case and provide experienced legal advice.
Our attorneys can assess the severity or pervasiveness of the situation and begin establishing your case.
Workplace harassment must be classified as either “severe or pervasive” behavior. To figure out which kind it is, courts typically consider all the specific circumstances of these behaviors in the case.
Both the U.S. Equal Employment Opportunity Commission and state laws have standards for what qualifies as severe or pervasive conduct. To file a complaint or take legal action, it must be shown that the behavior was severe or pervasive. Less severe or isolated instances may not be enough to file a hostile workplace lawsuit.
If you feel that you are being harassed but are unsure if it’s substantial enough to file a claim, contact an attorney to determine if you should pursue legal action. A lawyer can determine the best course of action for you, such as contacting your human resources department.
If you are experiencing any form of hostility at work and cannot resolve the situation on your own, it is important to reach out to a supervisor or HR for help. They may be able to take a closer look at the problem and make decisions that fix the issue over time.
If you have experienced workplace harassment and believe it is illegal, you can report it to your employer, file a complaint with the Equal Employment Opportunity Commission, or file an official lawsuit. To ensure justice, gather as much evidence as possible and keep a detailed record of the behavior you’ve seen from the individual in question.
It’s important to know that there are hostile workplace laws that protect workers from unfavorable environments. Speaking with a lawyer can help you understand your rights, distinguish your case, and file your claim and lawsuit.
According to federal law, you have up to 300 days to file a legal claim if you’ve been the target of hostile workplace behavior. However, in Texas, you have 180 days to file a sexual harassment claim if that was the type of hostility you experienced.
Strict deadlines can be a big challenge. Getting in touch with an employment lawyer can assure you that you are filing the right paperwork at the right time. If you’ve been the victim of harassment at work or experienced a hostile work environment, we advise speaking to one of our Texas employment lawyers at The Galo Law Firm promptly.
If you live in Texas and have been a victim of a hostile workplace based on discrimination, harassment, or any other unlawful reason, The Galo Law Firm can help.
Our experienced lawyers have practiced employment law for 30 years and are committed to defending Texas workers’ rights. We can connect you with our team of skilled attorneys to handle your hostile work environment lawsuit and get the compensation you deserve.
At The Galo Law Firm, we pride ourselves on our commitment to our clients’ well-being. We understand that every client is unique, and each case deserves personalized attention.
Harassment at work can be a nightmare, but we’re here to help. Contact us today by calling us at 210-764-6135 or visiting the office in San Antonio.