Michigan Jury Instruction - 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment - Separate Liability
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FAQ
Civil Rights Guaranteed by Law The Michigan Department of Civil Rights has authority to accept complaints based on unlawful consideration of religion, race, color, national origin, arrest record, genetic information, sex, age, height, weight, marital status and disability.
Discriminatory harassment is any unwelcome, typically repeated offensive conduct that is directed at an individual because of his/her membership in a legally protected class.
To prove a hostile work environment claim, the harassment must be based on a protected class and be so pervasive that it affects a person's ability to perform his or her job. A hostile work environment can include harassment over a person's race, age, sex, religion, national origin or disability.
How to Prove a Hostile Work Environment You were subjected to unwelcome harassment or discrimination based on a protected characteristic. The harassment was severe or pervasive enough to create a hostile work environment. The employer knew or should have known about the harassment and failed to take appropriate action.
A hostile work environment exists when the harassment is so severe and pervasive that it alters your ability to do your job. The behavior must be more than just offensive; it must be objectively abusive. The harasser can be anyone in the workplace, including a supervisor, coworker, or even a customer or client.
A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating or oppressive atmosphere generated by the harasser.
Workplace harassment can involve: Offensive jokes. Slurs or epithets. Physical assaults or threats.
Helpful evidence can include: Detailed notes about each instance of harassment; Copies of communications between you and your employer; Employment records; Copies of communications between you and your harasser; Witness testimony; and. Copies of internal complaints about harassment.