When you go to work each day, you have the right to do your job in a safe environment, free from discrimination and hostility. While you may work for an inconsiderate boss or your workplace might be unpleasant, these things do not likely rise to the level necessary to pursue legal action. However, if you feel that your job has become intolerable, you may be wondering what type of conduct meets the legal criteria to file a claim for a hostile work environment.

What is a Hostile Work Environment?

Both federal and Ohio law protect workers from hostile work environments. To pursue a lawsuit for a hostile work environment, the conduct must constitute harassment that is “severe and pervasive enough” to create an intimidating, hostile, or abusive work environment to a reasonable person. In other words, a one-time joke or an offensive slur will likely not constitute a hostile work environment — a court would consider the frequency, duration, and nature of the conduct, as well as whether it unreasonably interferes with your job performance.

To prove a claim for a hostile work environment under Ohio law, you must be prepared to establish the following elements:

• You are a member of a protected class — A claim for a hostile work environment must be based on your membership in a protected class. Under Ohio law, protected classes include race, color, religion, sex, national origin, disability, age, ancestry, military status, and pregnancy status.
• You were subjected to unwelcome harassment — You must make it clear that the conduct is unwelcome. This element can be proven by presenting evidence that you informed the harasser to stop, or you physically distanced yourself from them.
• The harassment was based on your membership in a protected class — You must demonstrate that the way you are being treated is based on your membership in a protected class. You can prove this element by showing that employees outside the protected class are not being subjected to the same harassing conduct.
• The harassment you experienced was severe and pervasive — Isolated incidents typically do not meet the requirement that the harassing conduct must be severe and pervasive. This is measured by how many times the harassment occurred and the severity of what was said or done.
• Your employer failed to take action to remedy the harassment — You must establish that your employer knew or should have known about the harassing conduct and failed to do anything to correct it. This may be shown through evidence that you made a report to your supervisor, or by demonstrating that the harassment was so obvious to everyone in the working environment that your employer should have been aware it was occurring.

It's important to keep good documentation to support your claim for a hostile work environment. Write down each time an incident occurs and the details about what happened. Be sure to include the dates, times, and witnesses. Keep a copy of any reports you made to human resources, emails, or other written documentation you provided to your employer.

What are Some Examples of a Hostile Work Environment?

A hostile work environment can take a wide variety of forms. The harassing conduct can be committed by a supervisor, manager, or coworkers — in some cases, a hostile work environment can also result from the unwelcome conduct of customers, contractors, or anyone else you interact with on the job. Notably, if the harassment rises to the level where you feel forced to quit, cannot do your job well, or fear for your safety, you may have grounds to pursue a claim.

Some common examples of conduct that give rise to a hostile work environment can include the following:

• Leering or making offensive remarks about a worker’s looks or body
• Telling lewd jokes or making offensive gestures
• Sending lewd emails or texts
• Unwelcome touching, pinching, patting, or intentionally brushing against a worker’s body
• Using offensive epithets or racially derogatory words
• Making negative remarks about an employee’s age if they are 40 or older
• Expressing negative comments about a worker’s religious beliefs, birthplace, or ancestry

Even if the conduct was committed by a coworker or supervisor, your employer can still be held legally liable for allowing it to occur and not putting a stop to it before it became severe and pervasive. Significantly, the law protects you from being terminated or retaliated against for making a complaint to your employer or a manager regarding the harassment.

What Can You Do if You Were Subjected to a Hostile Work Environment?

There are several actions you can take if you were subjected to a hostile work environment in Ohio. Depending on the facts of your case, and whether it should be brought under state or federal law, you can file a charge with the Ohio Civil Rights Commission or submit a complaint to the Equal Employment Opportunity Commission. These administrative agencies will conduct an investigation into your claim and can provide a mediation program. However, if you wish to bring a lawsuit, you can request a “right-to-sue” letter that allows you to commence litigation.

By filing a lawsuit for a hostile work environment in Ohio, you may be eligible to recover compensatory damages for the lost wages and benefits you incurred due to the harassment, as well as back pay with interest. In addition, you may also be entitled to punitive damages if you can establish that the employer’s conduct was particularly egregious. You might also be entitled to reinstatement of your job if you were terminated for reporting the hostile work environment — or you can establish that you were a victim of constructive discharge.

Contact an Experienced Ohio Employment Law Attorney

If you have experienced a hostile work environment, we encourage you to contact us for a free consultation to learn about your legal rights and options. The employment law attorneys of Lalak LLC proudly fight for the rights of workers who have been wronged by their employers. From our office in Westlake, we serve workers throughout Ohio.