When is a bad work environment illegal? Each experienced Austin hostile work environment lawyer at Ross • Scalise Employment Lawyers knows that a legal claim for a hostile work environment can arise when discrimination or harassment based on the employee’s gender, race, disability, age, religion, or other protected class status is so severe or pervasive that it interferes with the employee’s ability to perform his or her job. If you have any questions regarding what constitutes a hostile or offensive work environment, we are more than happy to help.

Texas Court Ruling on Hostile Work Environment

The Fifth Circuit Court of Appeals has ruled that a hostile work environment claim consists of five basic elements:

  1. The employee belongs to a protected group;
  2. The employee was subjected to unwelcome harassment;
  3. The harassment complained of was based on the employee’s status as a member of the protected group;
  4. The harassment affected a term, condition, or privilege of employment; and
  5. The employer knew or should have known of the harassment and failed to take prompt remedial action.

If you are experiencing illegal harassment, you may think that your only choices are to continue enduring the harassment or leave your job. Instead, we think you should call a compassionate Austin employment lawyer at Ross • Scalise Employment Lawyers for a phone evaluation to see whether we may be able to help you assert your rights under the law.

You have an obligation to report illegal discrimination or harassment to your employer, and once you report it the employer has the obligation to investigate and make the offensive behavior stop. However, in many cases, after the report, the hostility and discrimination continue or even escalate. An employer may retaliate by writing the complaining employee up, cutting their hours or transferring them to a less satisfactory position or location. This kind of retaliation is also illegal.

Filing EEOC Claims in Texas

The next step is to file a complaint with the Equal Employment Opportunity Commission. We strongly encourage you to talk to Austin hostile work environment attorneys who understand Texas and federal employment law before you file an EEOC claim. To prove a valid hostile work environment claim, you need evidence that can prove the five basic elements. At Ross • Scalise Employment Lawyers, we help our clients gather and present this evidence.

Hire a Local Austin Hostile Work Environment Lawyer

Ross • Scalise Employment Lawyers welcomes calls with questions and concerns about hostile work environments that result from workplace discrimination. Claims are not easy to prove, but if you are coping with a workplace harassment situation, the attorneys at Ross Group can offer honest feedback. We’ll listen patiently, asking the right questions to gather all the details that could help you prove your claim and seek the compensation you deserve. Call our office at 512-474-7677 today for a consultation.