Toxic and hostile work environments can cause significant distress and impact both your personal well-being and career. Texas offers legal solutions to handle these scenarios, as is the case with what is available throughout the United States. 

Knowledge about hostile work environment criteria, along with pre-legal action steps and possible results, enables you to manage this difficult situation. If you’re facing a hostile work environment, don’t navigate it alone—call Galo Law Firm at 210-764-6135 for experienced legal guidance and dedicated support.

What Is a Toxic Work Environment?

A toxic work environment is more commonly referred to as a hostile work environment. On these grounds, an employee may have legal standing to file a lawsuit against their employer, depending on the circumstances.

A hostile work environment exists when an employee faces harassment that reaches levels of severity or pervasiveness, which produces an intimidating or abusive work setting. The harassment must involve discrimination based on protected attributes, including:

• Race
• Color
• Religion
• Sex sexual orientation
• Sexual identity
• National origin
• Disability status
• The age of the individual, if they are 40 years old or older

Different forms of harassment, including verbal abuse, physical conduct, and visual displays, can hinder an employee’s job performance.

Federal legislation and Texas state statutes ban workplace discrimination and harassment practices. The Equal Employment Opportunity Commission (EEOC) functions at the federal level to uphold laws preventing workplace discrimination and harassment that leads to hostile work environments. The Texas Workforce Commission (TWC) enforces state laws that protect employees against discrimination and harassment based on protected characteristics.

Requirements to Claim a Hostile Work Environment

For a work environment to be considered hostile, certain criteria must be met. The following must be present to have a strong hostile work environment claim:

• The behavior was unwelcome.
• The conduct was based on a protected characteristic. This generally means that the employee suffered harassment due to their race, religion, sexual orientation, gender, age, or another protected class.
• The conduct was severe or pervasive enough to create an environment that another reasonable person would consider hostile or toxic.
• The conduct affected the employee’s work. This could mean that it directly interfered with their work performance or created an intimidating atmosphere.
• The employer knew about the behavior and did nothing to stop it.

How to Address a Hostile Work Environment

Addressing a hostile work environment can be intimidating, especially if you are the only employee experiencing the unfavorable behavior. It is recommended that certain steps be taken prior to initiating any legal proceedings.

Document the Behavior

Document each harassment incident by recording the date, time, location, and information about individuals involved, along with witness details.

Report the Behavior to Your Employer

 Follow your company’s procedures on these matters to report the harassment (which is typically found in the company handbook). The process might require discussions with your supervisor or human resources staff and possibly another official in the organization.

File an Official Complaint Externally

Should internal reporting fail to solve the problem, you can file a complaint with the EEOC or the TWC. Filing a lawsuit requires this step to be completed first.

Hire an Attorney

Seek the assistance of an attorney. They can help you file a lawsuit and represent you in court. Be sure to complete all prior steps before filing a lawsuit. An attorney can make sure you have met all requirements. They can also inform you of your legal rights and let you know if you have legal merit to file a claim.

Potential Outcomes of a Hostile Work Environment Suit

Several potential outcomes exist when you choose to file a hostile work environment lawsuit. The court may grant compensatory damages to provide financial relief for emotional distress and lost wages stemming from harassment-related injuries.

The court may award punitive damages to serve as punishment for the employer’s especially wrongful conduct. The court might grant injunctive relief, which requires the employer to undertake specific measures such as conducting anti-harassment training or making workplace policy changes to prevent any future misconduct.

If you were wrongfully terminated due to harassment, you may have the right to be reinstated in your previous position.

Before initiating legal action, individuals must recognize that litigation is both emotionally demanding and professionally taxing, which means they need to evaluate all possible advantages and obstacles thoroughly. An experienced attorney can guide you through these intricate legal procedures.

Get the Legal Help You Need

Employees should never be exposed to toxic work environments. Unfortunately, some employees have hostile work environments, which causes unnecessary stress. At Galo Law Firm, we can help you fight for the justice you deserve if you have suffered being a part of a hostile work environment. 

Contact us today at 210-764-6135 to discuss your legal options.