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 serious issue that can significantly impact an individual’s well-being and career. It is a form of discrimination that violates federal laws such as 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). These laws protect employees from unwelcome conduct based on various characteristics.

Harassment in the workplace is defined as unwelcome conduct based on characteristics like sex, race, religion, national origin, age, or disability. This conduct becomes illegal when enduring it becomes a condition of employment or when it is severe or pervasive enough to create an abusive, intimidating, or hostile work environment. It’s important to understand the different forms harassment can take and the legal protections available.

Understanding a Hostile Work Environment

A hostile work environment is created when an employee is subjected to unwelcome conduct from a supervisor, co-worker, customer, or even a contractor, leading to a workplace that feels intimidating, offensive, or abusive. The key here is that the conduct must be severe or pervasive enough to alter the conditions of employment and create an objectively hostile or abusive working environment. It’s not about isolated incidents or minor annoyances, but rather a pattern of behavior that significantly impacts the victim’s ability to do their job or feel safe at work.

For example, if a coworker repeatedly tells offensive jokes about a particular racial group, displays racially charged imagery, and makes demeaning comments, this could contribute to a hostile work environment for an employee from that racial group. The legal standard considers what a reasonable person in the victim’s position would find hostile or abusive, as well as the victim’s subjective experience.

Workplace behaviors that could contribute to an unlawful hostile work environment include:

• Unnecessary touching: This can range from unwanted hugs or pats on the back to more egregious forms of physical contact.
• Use of crude language: This includes offensive swearing, vulgar remarks, or sexually explicit conversations.
• Use of demeaning terms or slurs: This refers to epithets, derogatory nicknames, or slurs targeting an individual’s race, religion, sexual orientation, or other protected characteristic.
• Discussion of sexual activities: Unwanted or explicit conversations about sex, personal sexual experiences, or sexual fantasies.
• Commenting on physical attributes: Unsolicited remarks about a person’s body, appearance, or clothing that are sexual in nature or demeaning.
• Off-color jokes that concern sex, race, or disability: Jokes that target a protected characteristic and create an uncomfortable or offensive atmosphere.
• Use of indecent gestures: Sexually suggestive gestures, rude hand gestures, or actions that are lewd or offensive.

The frequency and severity of these behaviors are crucial in determining if a hostile work environment exists. A single isolated incident, unless extremely severe, is less likely to be considered a hostile work environment than a pattern of repeated unwelcome conduct.

Quid Pro Quo Workplace Harassment

Quid pro quo is a Latin phrase meaning “this for that,” and it perfectly describes this type of workplace harassment. It typically involves a person in a position of power, such as a supervisor or manager, who demands sexual favors or other unwelcome conduct in exchange for employment benefits or to avoid negative consequences. While often sexual in nature, it can sometimes be religious.

The essence of quid pro quo harassment is that an employment decision, such as a promotion, raise, continued employment, or a particular assignment, is made contingent upon the victim’s submission to the harasser’s demands. If the victim cooperates, they are rewarded; if they refuse, they face adverse employment actions.

For instance, a manager might tell an employee that they will receive a promotion if they go on a date with them, or threaten to fire an employee if they refuse unwanted sexual advances. This direct link between compliance and employment outcomes is what defines quid pro quo harassment. Unlike a hostile work environment, a single instance of quid pro quo harassment can be enough to be unlawful because it involves a direct exchange for employment benefits.

Workplace Sexual Harassment

Sexual harassment in the workplace encompasses a broad range of unwelcome conduct of a sexual nature. The victim of sexual harassment can be anyone who is the target of harassing conduct, regardless of their gender or the gender of the harasser. This unwelcome conduct can originate from a superior, a co-worker, or even a non-employee such as a client, customer, or vendor.

Sexual harassment is not always about sexual desire; it can also be about asserting power or creating a hostile environment based on gender. It can affect individuals of any gender identity or sexual orientation. For example, a male employee can sexually harass a female employee, or a female employee can sexually harass a male employee. Harassment can also occur between individuals of the same gender.

Common examples of sexual harassment in the workplace include:

• Demands for sexual favors from superiors: This is a classic example of quid pro quo harassment, where a supervisor conditions employment benefits on sexual acts.
• Offensive remarks about a person’s body or clothing: Unsolicited and inappropriate comments about someone’s physical appearance, often with a sexual undertone.
• Intentional touching that is inappropriate: This includes unwanted touching, patting, pinching, or brushing against someone’s body in a sexual way.
• Leering: Staring at someone in a sexually suggestive or intimidating way.
• Lewd and sexually suggestive jokes: Sharing jokes that are explicit, vulgar, or demeaning based on sex.
• Making sexual gestures at work: Performing actions that are sexually suggestive or offensive.
• Having sexual pictures or posters in the workplace: Displaying explicit or sexually suggestive images that create an uncomfortable environment.
• Sending emails or notes that are sexually suggestive: Transmitting written or electronic communications that are sexually explicit, suggestive, or harassing.

According to a 2018 study by the Equal Employment Opportunity Commission (EEOC), approximately 1 in 3 women and 1 in 6 men reported experiencing sexual harassment in the workplace. These numbers highlight the pervasive nature of this issue. Another study from the same year, conducted by the Pew Research Center, found that 70% of women who said they had been sexually harassed in the workplace reported it was by a male, while 17% of men who had been sexually harassed said it was by a female. These statistics underscore the disproportionate impact on women but also confirm that men are also victims of sexual harassment.

Racial Harassment in the Workplace

Racial harassment in the workplace is unlawful when it targets an employee due to their race and creates a hostile, offensive, or intimidating work environment. Similar to sexual harassment, racial harassment involves unwelcome behavior that is directed towards an employee based on their race, color, ethnicity, or national origin.

The conduct must be severe or pervasive enough to alter the conditions of employment and create an environment that a reasonable person would find intimidating, hostile, or abusive. This can include explicit acts of racism as well as more subtle behaviors that create an exclusionary or demeaning atmosphere.

Some common examples of racial harassment include:

• Derogatory gestures of a racial nature: Hand gestures or body language that are intended to mock or demean a particular race.
• Pictures, posters, or images that are racially offensive: Displaying caricatures, stereotypes, or other imagery that promotes racial hatred or prejudice.
• Impeding or blocking an employee’s movement or work progress: Actions that intentionally hinder an employee’s ability to perform their job due to their race.
• Physical assault: Any form of physical violence or aggression directed at an employee because of their race.
• Racial jokes, insults, threats, or rumors: Spreading offensive jokes, making derogatory comments, issuing threats, or circulating rumors based on racial stereotypes.

A 2016 report by the EEOC found that racial discrimination claims accounted for the largest percentage of discrimination charges filed with the agency, making up approximately 35% of all charges. This indicates that racial harassment remains a significant problem in workplaces across the United States.

Other Types of Workplace Harassment

While sexual and racial harassment are widely recognized, they are not the only forms of unwelcome conduct that employees might encounter. Federal laws also protect individuals from harassment based on other characteristics.

Religious harassment has become increasingly prevalent. This type of harassment involves unwelcome conduct based on an individual’s religious beliefs or practices. Examples might include mocking someone’s religious attire, making derogatory comments about their faith, or pressuring them to conform to specific religious views. According to the EEOC, religious discrimination charges have shown an increasing trend in recent years, with over 3,000 charges filed annually in the past few years.

Harassment can also target a person’s ancestry or birthplace, which often overlaps with national origin harassment. This occurs when individuals are subjected to unwelcome conduct because of their country of origin, cultural background, or accent. For instance, making fun of someone’s accent, telling jokes about their nationality, or making derogatory remarks about their cultural customs could constitute national origin harassment.

Individuals with physical or mental disabilities are also protected from unwelcome workplace harassment under the Americans with Disabilities Act (ADA). This can manifest as mocking a person’s disability, making offensive jokes about their limitations, or intentionally excluding them due to their disability. The EEOC reported over 24,000 disability discrimination charges in 2023, highlighting the ongoing challenges faced by individuals with disabilities in the workplace.

Finally, anyone over the age of 40 is protected from age harassment under the Age Discrimination in Employment Act (ADEA). This involves unwelcome conduct based on an individual’s age. Examples include making derogatory comments about an older worker’s perceived slowness or inability to learn new technologies, calling them “old-timer,” or making jokes about their retirement. The EEOC reported over 11,000 age discrimination charges in 2023, demonstrating that age-based harassment is still a concern in many workplaces.

Understanding these different forms of harassment is crucial for fostering a respectful and inclusive work environment. If you believe you are experiencing any form of harassment in the workplace, it’s important to know your rights and consider seeking guidance from an HR department, a union representative, or a legal professional.

Is Verbal Harassment Against the Law in Montgomery, AL? 

In Alabama, verbal harassment can indeed be against the law, depending on the nature of the words used, the intent behind them, and the resulting impact on the victim. While the First Amendment protects freedom of speech, this protection does not extend to speech that constitutes a true threat, incites violence, or is used to harass or intimidate another person. Alabama law addresses verbal harassment primarily through statutes related to general “Harassment,” “Harassing Communications,” and “Disorderly Conduct,” among others.

General Harassment (Code of Alabama §13A-11-8)

Alabama’s primary statute addressing harassment is Code of Alabama §13A-11-8. This law broadly defines harassment to include situations involving verbal or electronic communication, even without physical contact. A person commits the crime of harassment if, with the intent to harass, annoy, or alarm another person, they:

• Direct abusive or obscene language or make an obscene gesture towards another person. This directly covers instances of verbal harassment where the language used is abusive or offensive.
• Threaten, verbally or nonverbally, with the intent to carry out the threat, in a manner that would cause a reasonable person to fear for their safety. This is a crucial aspect for verbal harassment, as it criminalizes threatening language that instills fear.

The key element in a harassment charge is the intent of the person taking the action. The individual must be acting with the specific intent to harass, annoy, or alarm the victim. If the action was accidental, in jest, or without the awareness of another person, it may not be considered harassment under the law.

Harassment under this statute is generally classified as a Class C misdemeanor. A conviction for a Class C misdemeanor in Alabama can result in significant penalties, including:

• Up to three months in a county jail or three months of hard labor.
• A fine of up to $500, or twice the amount of loss suffered or gain achieved by the crime.
• The creation of a criminal record, which can negatively impact housing, employment, finances, and personal relationships.

Harassing Communications (Code of Alabama §13A-11-8)

This is a specific sub-category within the broader harassment statute that directly targets verbal (and other forms of) communication. A person commits the crime of harassing communications if, with the intent to harass or alarm another person, they:

• Communicate with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.
• Make a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.
• Telephone another person and address to or about such other person any lewd or obscene words or language.

The intent required for harassing communications is to “harass or alarm,” which is slightly narrower than the general harassment statute’s “harass, annoy, or alarm.” Harassing communications is also a Class C misdemeanor and carries similar penalties.

Disorderly Conduct (Code of Alabama §13A-11-7)

Verbal harassment can also fall under Alabama’s disorderly conduct statute, particularly if it occurs in a public place. A person commits disorderly conduct if, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, they:

• Use abusive or obscene language in a public place.
• Engage in fighting or in violent tumultuous or threatening behavior.
• Make unreasonable noise.

If a harasser shouts, uses abusive or offensive language, or causes a serious disruption in public, they could be charged with disorderly conduct. This is also a Class C misdemeanor, with penalties similar to those for general harassment.

Domestic Violence Harassment

When verbal harassment occurs within the context of domestic relationships, the penalties can be more severe. Under Alabama law (AL Code § 13A-6-132), harassment against a family or household member can be elevated to a Class A misdemeanor. A Class A misdemeanor carries a potential jail term of up to one year and a fine of up to $6,000. Furthermore, if an individual has two prior domestic violence convictions, even for harassment, subsequent domestic violence harassment charges can become felonies.

Workplace and Other Contexts

Beyond criminal statutes, verbal harassment can also have legal implications in other settings:

• Workplace Harassment: Federal and state laws (like Title VII of the Civil Rights Act) prohibit harassment in the workplace based on protected characteristics (e.g., race, gender, religion, national origin, disability). While “simple teasing” or “offhand comments” are typically not illegal, harassment becomes unlawful when it is so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision.
• Civil Remedies: Victims of severe verbal harassment, particularly if it causes emotional distress, damage to reputation (defamation), or is part of a pattern of abuse, may be able to pursue civil lawsuits for damages. This could include seeking compensation for therapy costs, lost wages, or other harm caused by the abuse. Protection orders can also be sought to prevent further contact from the harasser.

Important Considerations

• Intent: As highlighted, the intent of the person engaging in verbal harassment is a critical element in proving a criminal charge in Alabama.
• Reasonable Person Standard: Many of these laws refer to what would cause a “reasonable person” to fear for their safety or be alarmed. This objective standard helps differentiate between genuinely harassing behavior and mere annoyance or isolated incidents.
• Freedom of Speech vs. Harassment: The line between protected free speech and illegal harassment can be complex. Generally, threats of violence, incitement to violence, “fighting words” (which by their very utterance inflict injury or tend to incite an immediate breach of the peace), and speech used to commit other crimes (like harassment) are not protected by the First Amendment.

In conclusion, while not every unkind word constitutes a crime, verbal harassment in Alabama can indeed be against the law under various statutes, particularly when it is abusive, threatening, or intended to cause distress. The severity of the legal consequences depends on the specific circumstances, the intent of the harasser, and the impact on the victim.

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

A hostile work environment is a serious issue that can significantly impact an employee’s well-being and career. It is not merely about occasional rudeness or minor disagreements; rather, it involves severe or pervasive conduct that creates an intimidating, hostile, or offensive working environment. Understanding the legal framework surrounding hostile work environment claims, particularly in specific jurisdictions like Montgomery, Alabama, is important for both employees seeking redress and employers aiming to maintain a fair and compliant workplace.

Key Elements of a Hostile Work Environment Claim

To successfully establish a claim for a hostile work environment in Montgomery, an employee generally needs to demonstrate several key elements. These elements are designed to ensure that the claim is based on genuine harassment tied to protected characteristics, rather than general workplace frustrations.

Unwelcome Conduct

The foundational element of a hostile work environment claim is that the conduct in question must be unwelcome. This means the behavior must be offensive and not solicited or invited by the employee. 

If an employee participates in or encourages the behavior, it becomes more challenging to argue that it was unwelcome. Unwelcome conduct can manifest in various forms. Verbal harassment, for instance, includes the use of slurs, offensive jokes, insults, derogatory nicknames, or constant teasing. 

Physical harassment encompasses unwanted touching, assault, intimidation through gestures or threats, or impeding an employee’s movement. Visual harassment can involve displaying offensive pictures, cartoons, or objects, or sending offensive emails or text messages. The key is that the recipient perceives the conduct as undesirable and unsolicited, and it is objectively offensive.

Based on a Protected Characteristic

A critical aspect distinguishing a hostile work environment from general workplace incivility is that the harassment must be because of the employee’s protected characteristic. Federal laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), define these protected characteristics. These include race, sex (including sexual orientation and gender identity), religion, national origin, age (40 and over), disability, and genetic information. 

If the mistreatment or rudeness, while potentially unpleasant, is not demonstrably linked to one of these protected characteristics, it may not be legally actionable as a hostile work environment claim. 

For example, a supervisor who is equally rude to all employees, regardless of their background, might be an unpleasant boss, but their behavior might not constitute a hostile work environment unless a discriminatory motive can be proven.

Severe or Pervasive

The conduct must be sufficiently severe or pervasive to create an objectively hostile or abusive work environment. This element ensures that the legal system addresses genuine harassment rather than isolated incidents or minor annoyances. “Severe” implies a single, extremely egregious incident could be enough to establish a claim, even if it only happened once. 

Examples might include a physical assault or a direct, overt threat tied to a protected characteristic. “Pervasive” refers to a pattern of frequent, unwelcome conduct that, while perhaps not individually severe, accumulates to create a hostile atmosphere over time. This could involve daily offensive jokes or regular demeaning comments. 

The more severe the harassment, the less pervasive it needs to be, and vice versa. The courts consider the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance.

Objectively and Subjectively Hostile

For a hostile work environment to be legally recognized, the work environment must be one that a reasonable person would find hostile or abusive (objective standard), and the employee must also subjectively perceive it as such. The objective standard considers what an impartial observer, aware of all the circumstances, would conclude. This prevents claims based on hypersensitivity. 

The subjective standard ensures that the individual employee actually experienced the environment as hostile or abusive. If an employee claims a hostile environment but appears to have welcomed or been unaffected by the conduct, their claim may be weakened. Both perspectives are necessary to establish the claim.

Employer Liability

Finally, for an employer to be held liable for the harassment, certain conditions must be met, depending on who the harasser is. If the harasser is a supervisor (someone with authority to make tangible employment decisions or direct an employee’s daily work activities), the employer is generally strictly liable for their actions, even if the employer was unaware of the harassment. 

However, employers may have an affirmative defense if they can prove they exercised reasonable care to prevent and promptly correct any harassing behavior, and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided. 

If the harasser is a co-worker or a third party (like a client or customer), the employer may be held liable if they knew or should have known about the harassment and failed to take appropriate corrective action. This typically means the employer was aware of the harassment (e.g., through a complaint) and did not take prompt and effective steps to stop it.

Examples of Workplace Bullying that Could Lead to Lawsuits

Specific types of bullying behavior, when tied to a protected characteristic and meeting the severe or pervasive standard, are frequently cited in hostile work environment lawsuits. These examples illustrate how general mistreatment escalates into actionable harassment.

Racial Harassment

Racial harassment involves unwelcome conduct based on an individual’s race, ethnicity, or color. This can include repeated use of racial slurs, offensive jokes targeting a specific race, or displaying racially offensive materials like caricatures or hate symbols. 

A common scenario is a supervisor consistently making derogatory remarks about an employee’s ethnicity, such as disparaging their cultural background, accent, or traditions. This behavior creates an environment where the employee feels devalued and targeted due to their race.

Sexual Harassment

Sexual harassment is one of the most widely recognized forms of hostile work environment. It encompasses unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. 

This can range from explicit propositions to creating a work environment filled with sexual jokes, innuendo, or suggestive comments about an employee’s appearance. For instance, a manager who regularly makes suggestive comments about an employee’s clothing or body, or who circulates sexually explicit emails among staff, contributes to a sexually hostile environment.

Religious Harassment

Religious harassment occurs when an employee is subjected to unwelcome conduct based on their religious beliefs or practices. This might involve making derogatory comments about an employee’s faith, mocking their religious attire, or attempting to convert them aggressively. For example, consistently mocking an employee for wearing a hijab or a crucifix, or ridiculing their observance of religious holidays, can create a hostile environment for that individual.

Age-Based Harassment

Age-based harassment targets employees, usually those 40 and older, with demeaning remarks about their age or perceived decline in abilities due to their age. 

This could involve constant jokes about an older employee being “out of touch,” “slow,” or “past their prime,” or making comments suggesting they should retire. Such remarks, especially when persistent, can undermine an older employee’s confidence and create an environment where they feel unwanted due to their age.

Disability-Based Harassment

Disability-based harassment involves mocking an employee’s disability, making derogatory comments about their physical or mental condition, or creating obstacles that make it difficult for them to perform their job due to their disability. 

An example would be consistently excluding an employee with a mobility issue from team activities held in inaccessible locations, or constantly making fun of an employee’s speech impediment or a visible disability. This type of harassment isolates the individual and can significantly impede their ability to work effectively.

What is the Legal Process in Montgomery, AL?

If an employee in Montgomery, Alabama, believes they have been subjected to a hostile work environment, there is a specific legal process that typically must be followed before filing a lawsuit in court. This process is designed to allow administrative agencies to investigate and attempt resolution before litigation.

File a Charge with the EEOC

Before pursuing a lawsuit in court, the employee must first file a “charge of discrimination” with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of a person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. In Alabama, the general deadline for filing this charge is within 180 days of the last discriminatory act. It is crucial to note this strict deadline, as missing it can prevent an employee from pursuing their claim. While some states have “fair employment practices agencies” (FEPAs) that extend this deadline to 300 days, Alabama does not have a state agency with general jurisdiction over these types of claims, so the 180-day limit typically applies.

EEOC Investigation

Once a charge is filed, the EEOC will investigate. This investigation may involve requesting information and documents from both the employee and the employer, conducting interviews with relevant parties, and gathering evidence related to the alleged harassment. The EEOC’s goal is to determine if there is reasonable cause to believe that discrimination occurred. During this phase, the EEOC may also offer “mediation” as a voluntary alternative dispute resolution process, where both parties can attempt to reach a settlement with the help of a neutral mediator.

Right to Sue Letter

If the EEOC concludes its investigation and either does not find sufficient evidence of discrimination to proceed with its own lawsuit or if conciliation efforts (attempts to reach a voluntary settlement) fail, it will issue a “right to sue” letter to the employee. This letter is a crucial document as it officially grants the employee the right to file a lawsuit in federal court. Without this letter, a federal court typically will not hear the case, as the employee has not exhausted their administrative remedies.

Lawsuit in Federal Court

Upon receiving the right to sue letter, the employee has a limited timeframe to file a lawsuit in the appropriate federal district court in Alabama. This period is typically 90 days from the date the right to sue letter is received. 

It is imperative for the employee to file their lawsuit within this 90-day window, as failure to do so can result in the loss of their right to pursue the claim in court, regardless of the merits of their case. The federal court process then begins, involving discovery, potential motions, and ultimately, a trial if the case is not settled beforehand.

Navigating a hostile work environment claim can be complex, requiring a thorough understanding of legal definitions, evidentiary requirements, and procedural deadlines. For employees in Montgomery, Alabama, recognizing the signs of a hostile work environment and understanding the steps involved in pursuing a claim are vital for protecting their rights and seeking justice.

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.