No one wants to work in a toxic environment, but many people are working under such conditions. If you find yourself working in a toxic environment, then you may wonder if there is legal recourse. The answer is, well, it depends.
If the toxicity amounts to harassment that is based on protected characteristics, such as your race, national origin, age, sex, religion, and/or disability status, then this harassment may create what is known as a “hostile work environment.” Fortunately, there is legal recourse for a hostile work environment.
Typically, to determine if a Maryland employee is subjected to a hostile work environment according to federal law, federal courts in Maryland will look to whether: (1) the employee experienced unwelcome harassment; (2) the harassment was based on the employee’s protected characteristic(s); (3) the harassment was sufficiently pervasive or severe to change the conditions of employment and create an abusive atmosphere; and (4) there is some reason to impose liability on the employer.
Common examples of harassment that may create a hostile work environment include, but are not limited to, physical assaults and/or threats, objectionable jokes, derogatory statements, and insults that are based on the protected characteristics listed above.
If you are a private-sector employee, to address a hostile work environment—prior to filing a complaint in court—you have a limited time in which you must file a charge of discrimination directly with the Equal Employment Opportunity Commission (“EEOC”).
Specifically, if you work in Maryland, you have 300 days since the last incident of workplace harassment in which you can file a charge of discrimination with the EEOC.
The EEOC is a federal agency that investigates potential cases of employment discrimination, harassment based on protected characteristics—such as those listed above—and retaliation.
For additional information regarding the EEOC, read our posts, “Labor & Employment Issue? Start with the EEOC!” and “What is the EEOC, and Do I Need Labor & Employment Representation?”
