Suing Your Employer For Hostile Work Environment

Steps To Suing Your Employer for Hostile Work Environment

The Equal Employment Opportunity Commission (EEOC) defines a hostile work environment as one that intimidates employees with “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.”

Every employee is legally entitled to work in safe and healthy environments. This article will discuss what constitutes a hostile work environment and the you can take to protect yourself.

How to Respond to Misconduct in the Workplace?

  1. Confront the perpetrator: walk up to them, share your discomfort in a polite and firm way, and ask them to stop the behavior.
  2. Report to your supervisor: If their actions persist, report to your supervisor or upper management of the company.
  3. Report to your HR: If you notice there is still no change forthcoming or the behavior has become worse, write a complaint letter to Human Resources. You can also use DoNotPay “Anonymous HR Complaint” product to file a formal complaint.
  4. File a complaint with the EEOC: Federal employees and private employees go through different EEOC reporting procedures, and you’ll need a clearance to sue from the EEOC before going to court.
  5. Serve your employer a demand notice: You can escalate your case to a lawsuit against your employer after reporting to the EEOC. By serving a demand notice, you are telling your employer that:
    • You have experienced a hostile work environment
    • The hostile workplace has caused damages to you
    • You request specific compensatory and/or punitive actions to be taken
    • You’ll take your employer to court if no action is taken

How To Sue Your Employer For Hostile Work Environment?

If your claim for damages is below $10,000, it is recommended that you file a lawsuit in small claims court – a special division of the judicial system that intends to help parties who do not have personal attorneys resolve disputes quickly in a budget-friendly manner. The table below outlines the steps you need to take to file a small claims lawsuit.

Steps Details
Gather EvidenceYou need to prove your case with sufficient evidence, which includes but is not limited to:
  • Picture and video evidence of harassment
  • Witness statements
  • Formal letter of complaint to your HR and employer
  • Screenshots of inappropriate text messages and emails
File Your LawsuitYou may need to complete a civil summons form, a document that can be found on many state courts’ websites. The summons will need to be signed (issued) by a lawyer, court clerk, or judge.
Serve Your EmployerA copy of your submitted lawsuit should be delivered to your employer by a neutral third party.

Sue Employer For Hostile Workplace With DoNotPay.

Suing your employer by yourself can be complicated and overwhelming. Let DoNotPay handle the work for you! You can use to send a demand for arbitration, prepare and mail a demand notice, and file a small claims suit. All you need to do is:

  1. Go to DoNotPay and select the Sue Now product
  2. Enter the type and value of compensation you seek
  3. Select whether you want a demand letter or court filing forms
  4. Describe the reason for the lawsuit and submit any applicable evidence

That’s it! DoNotPay will generate a demand letter or court filing forms for you. The robot lawyer will also mail a copy of your demand letter to your employer on your behalf!

What Else Can DoNotPay Do?

Apart from helping its users sue an employer for a hostile work environment, DoNotPay can help with an array of other issues, such as:

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