HARASSMENT – HOSTILE WORK ENVIRONMENT
HARASSMENT – HOSTILE WORK ENVIRONMENT LAWYER IN COLUMBIA, SC
Jobs can sometimes be difficult and even severe. From many employee’s perspectives harsh treatment often is characterized as “harassment” or a “hostile environment.” Harassment and hostile environment themselves are not specifically addressed in any statute, regulation or law. There is no law that generally bans a hostile environment or “harassment.” Rather, these are kinds of conduct that, depending on their severity, may be prohibited under the law if it (the hostility or harassing behavior) are related to an unlawful motive or based on a protected characteristic like race or sex. To have a law suit in employment, there must be an adverse employment action.
The most common example people often think of in terms of harassment is sexual harassment, which generally involves such things as requests for sexual favors in return for a job, promotion or other favor, or creating a hostile or demeaning work environment (improper language, pictures, etc.) which are either or both severe or pervasive. In terms of harassment, federal law requires that the harassment be either “severe” or “pervasive.” A severe form of harassment may include some form of physical conduct or extreme abusive verbal conduct. If the conduct is less severe, but the employee is regularly exposed to it, the conduct may be considered “pervasive.” Harassment and discrimination on the basis of age, gender, race, color, religion, national origin, and identified and significant disabilities also is unlawful under federal law. Harassment and discrimination to advance some kind of illegal or unethical activity, or to cover it up, may be covered by state law depending on the circumstances.
If the conduct is considered harassment or hostile, the employer may be liable if it did not take the proper steps to prevent or respond to the harassment. In cases involving harassment by a supervisor, the employer can avoid any liability if it took reasonable steps to prevent the harassment (such as having an effective policy against harassment with a good complaint procedure that is communicated well to employees) and the harassed employee did not reasonably take advantage of the employer’s policy or system. If the harassing employee is not a managing agent of the employee, the standard is different. An employer may be liable for harassment by coworkers if the employee knew or should have known about the harassment and failed to take appropriate action to prevent or stop it.
HOW CAN WE HELP?
If you are concerned about sexual harassment, hostility in your employment or harassment motivated by racial or other illegal motivations, we can discuss your options. Charles (Chuck) Ormond and Ben Dunn together have over forty (40) years of experience in employment and labor issues and litigation. Both partners have experience representing both employees and employers and, this background, assists them in resolving employment cases justly on either side of the case. Once a case is evaluated, and if the facts create a case which can be filed in Court, you will have both attorneys working for you. The Firm does accept employment cases where the legal fees are on a contingency basis and will meet with you for a one half hour initial consult for $50.00 in order to determine if you have a valid employment case or give legal advice regarding an employment matter.
