Alabama Harassment in the Workplace Attorneys

Harassment in the workplace related to sex, race, or other factors can make performing your daily work activities next to impossible. Despite harassment in the workplace being illegal in Alabama, thousands of workers endure this on a daily basis for fear of losing their jobs or other retaliation.

If you are a victim of workplace harassment, it’s imperative that you consult with an aggressive and knowledgeable workplace harassment attorney about your rights. The attorneys at McPhillips Shinbaum, LLP have been protecting and fighting for clients who are victims of unfair employment practices for over 43 years. Our team of highly-qualified attorneys believes that everyone has equal rights in the workplace and should be able to do their jobs without fear of discrimination, harassment, or retaliation.

What is Harassment in the Workplace?

Workplace harassment is a type of discrimination that the violates Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA).

Harassment in the workplace is unwelcome conduct that is based on sex, race, age, religion, national origin, age, or disability. Workplace harassment becomes illegal when either putting up with the offensive conduct becomes necessary to keep your job or when the conduct is severe enough to create what would be considered an abusive, intimidating, or hostile work environment.

What is a Hostile Work Environment

Do you feel that you are being harassed at work? A hostile work environment exists when the worker is the recipient of unwelcome conduct from a supervisor, co-worker, customer, or even contractor and the workplace becomes intimidating or offensive. Workplace behaviors that could be considered an unlawful hostile work environment include:

• Unnecessary touching
• use of crude language
• use of demeaning terms or slurs
• discussion of sexual activities
• commenting on physical attributes
• off-color jokes that concern sex, race, or disability
• use of indecent gestures

Quid Pro Quo Workplace Harassment

Quid pro quo means “this for that.” This type of workplace harassment is often sexual but can sometimes be of a religious nature. The harassment is generally carried out by someone who can make employment decisions that will impact the victim. If the victim cooperates with the harassment or even the demands of the harasser, they will be rewarded with continued employment, raises, and promotions. If they do not cooperate, they might be fired, demoted, or denied a promised promotion.

Workplace Sexual Harassment

A victim of harassment in the workplace is anyone who is the target of harassing conduct. Unwelcome conduct can come from a superior, co-worker, and even a non-employee such as a guest or vendor. Sexual harassment in the workplace might include such acts as:

• demands for sexual favors from superiors
• offensive remarks about a person’s body or clothing
• intentional touching that is inappropriate
• leering
• lewd and sexually suggestive jokes
• making sexual gestures at work
• having sexual pictures or posters in the workplace
• sending emails or notes that sexually suggestive

Racial Harassment in the Workplace

 Harassment at work targets the employee’s race and is against the law in the same manner as sexual harassment. Racial harassment is unwelcome behavior that is directed towards an employee due to their race. The harassment is against the law when it results in a hostile, offensive, or intimidating work environment. Some examples of racial harassment include:

• derogatory gestures of a racial nature
• pictures, posters, or images that are racially offensive
• impeding or blocking an employee’s movement or work progress
• physical assault
• racial jokes, insults, threats, or rumors

Other Types of Workplace Harassment

While sexual and racial harassment at work are the most common forms of workplace harassment, they aren’t the only types that a worker might encounter. Harassment based on religious beliefs has become more common as has harassment that targets a person’s ancestry or birthplace. If you suffer from a physical or mental disability, you could be subject to unwelcome workplace harassment. Also, anyone over the age of 40 might be harassed at work due to their age and have protection under the law.

What to Do If You Are Being Harassed at Work

If you are being harassed at work, pull out your employee handbook and review your company’s sexual harassment and discrimination policy. Follow your company’s reporting guidelines wherever possible. If you are supposed to report the problem to your harasser, go to your human resources department instead.

Put all reports of harassment in writing and keep a copy of all correspondence for yourself. Identify witnesses and keep a journal of all dates and times of both the harassment and who you’ve spoken with about the issue.

If the harassment is so bad that a reasonable person would not be able to continue working in that environment, you can quit your job. This is referred to as “constructive termination, ” and you can pursue lost wages from your employer among other damages.

It’s important that you take every reasonable measure to resolve the issue before leaving your job. There are also some time constraints for filing a formal harassment claim.

How to Submit a Formal Workplace Harassment Claim

In most cases, you have just 180 days (6 months) to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC), which is the federal agency charged with enforcing anti-discrimination laws. This official filing is a requirement before you can file a lawsuit against your employer for harassment.

Title VII prohibits employers from retaliating against an employee who files a harassment charge or for speaking out against harassment in the workplace. If you feel that harassment is taking place in your workplace, you should speak up and enlist the services of a skill workplace harassment attorney to safeguard your rights.

What Are Workplace Bullying Lawsuits in Montgomery, AL?

While there isn’t a specific law in Alabama solely dedicated to “workplace bullying,” employees in Montgomery, AL, who experience such behavior may have legal recourse under existing anti-discrimination and harassment laws.

These laws, primarily enforced at the federal level by the Equal Employment Opportunity Commission (EEOC), prohibit workplace harassment based on protected characteristics such as race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information.  

Understanding the Concept of a “Hostile Work Environment” in Montgomery, AL

The legal framework for addressing bullying-like behavior often falls under the concept of a “hostile work environment.” In Montgomery, as in the rest of Alabama and the United States, a hostile work environment is created when unwelcome conduct based on a protected characteristic is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment.

Key Elements of a Hostile Work Environment Claim

To establish a claim for a hostile work environment in Montgomery, an employee typically needs to demonstrate the following:

• Unwelcome Conduct: The behavior must be offensive and not solicited or invited by the employee. This can include verbal harassment (slurs, offensive jokes, insults), physical harassment (unwanted touching, intimidation), or visual harassment (offensive pictures or emails).
• Based on a Protected Characteristic: The harassment must be because of the employee’s race, sex, religion, national origin, age, disability, or genetic information. General mistreatment or rudeness, while potentially unpleasant, may not be legally actionable if it’s not linked to a protected characteristic.
• Severe or Pervasive: The conduct must be sufficiently serious or frequent to create an objectively hostile or abusive work environment. Isolated incidents or minor annoyances usually do not meet this standard. However, a single extremely severe incident could be enough. The more severe the harassment, the less pervasive it needs to be, and vice versa.
• Objectively and Subjectively Hostile: The work environment must be one that a reasonable person would find hostile or abusive, and the employee must also subjectively perceive it as such.  
• Employer Liability: The employer may be held liable for the harassment depending on who the harasser is (supervisor or co-worker) and whether the employer knew or should have known about the harassment and failed to take appropriate corrective action.

Examples of Workplace Bullying that Could Lead to Lawsuits

In Montgomery, the following types of bullying behavior, if based on a protected characteristic and severe or pervasive, could potentially lead to a lawsuit for creating a hostile work environment:

• Racial Harassment: Repeated use of racial slurs, offensive jokes, or displaying racially offensive materials. For example, a supervisor constantly making derogatory remarks about an employee’s ethnicity.
• Sexual Harassment: Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This could include a manager making suggestive comments about an employee’s appearance or creating a work environment filled with sexual jokes and innuendo.  
• Religious Harassment: Making derogatory comments about an employee’s religious beliefs or practices, or creating a work environment that is hostile to a particular religion. For instance, consistently mocking an employee for wearing religious attire.  
• Age-Based Harassment: Making demeaning remarks about an employee’s age or abilities due to their age. This could involve constant jokes about an older employee being “out of touch.”  
• Disability-Based Harassment: Mocking an employee’s disability or creating obstacles that make it difficult for them to perform their job due to their disability. For example, consistently excluding an employee with a mobility issue from team activities held in inaccessible locations.  

What is the Legal Process in Montgomery, AL?

If an employee in Montgomery believes they have been subjected to a hostile work environment, they generally must follow these steps before filing a lawsuit:

1. File a Charge with the EEOC: Before pursuing a lawsuit in court, the employee must file a charge of discrimination with the EEOC. In Alabama, the deadline for filing this charge is generally within 180 days of the discriminatory act. However, it can be extended to 300 days if there is a state agency that handles such complaints (Alabama does not have a state agency with general jurisdiction over these types of claims, so the 180-day limit typically applies).
2. EEOC Investigation: The EEOC will investigate the charge. They may request information from the employer and attempt to mediate a settlement.
3. Right to Sue Letter: If the EEOC concludes its investigation and does not find sufficient evidence of discrimination or if conciliation efforts fail, it will issue a “right to sue” letter to the employee. This letter gives the employee the right to file a lawsuit in federal court.  
4. Lawsuit in Federal Court: Once the right to sue letter is received, the employee has a limited time (usually 90 days) to file a lawsuit in the appropriate federal district court in Alabama.

The Importance of Working with a Workplace Bullying Attorney in Montgomery, AL

Workplace bullying and potential lawsuits afterward can be challenging to deal with. It is highly recommended that employees in Montgomery who believe they have experienced a hostile work environment consult with an experienced employment law attorney. An attorney can help evaluate the specifics of the situation, advise on legal rights and options, ensure compliance with procedural requirements and deadlines, and represent the employee in negotiations or litigation. Several law firms in Montgomery focus on employment law and can provide this crucial assistance.  

Documenting Incidents

It is essential for employees experiencing workplace bullying to keep detailed records of all incidents, including dates, times, locations, specific descriptions of what was said or done, and the names of any witnesses. This documentation can be critical evidence in any legal proceedings.

As we discussed earlier,  Alabama law doesn’t have a specific statute for workplace bullying, but the existing federal anti-discrimination and harassment laws provide a legal avenue for employees in Montgomery to address severe or pervasive bullying behavior that is based on their protected characteristics and creates a hostile work environment. Understanding these laws and the proper legal procedures is crucial for protecting employee rights.

Get Help From a Dedicated Alabama Workplace Harassment Attorney

If you are suffering from harassment in the workplace or unfair treatment, then you should enlist the help of the skilled workplace harassment attorneys at McPhillips Shinbaum, LLP to secure the legal assistance you deserve. We understand the severity of your situation and will fight to protect your rights and strengthen your claim in cases of sexual harassment or harassment based on race, religion, age, or disability. Call our Alabama workplace harassment attorneys at 334-262-1911 or contact us online to schedule a free consultation.