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To establish a viable claim of harassment, a complainant must show that: (1) she belongs to a statutorily protected class; (2) she was subjected to unwelcome verbal or physical conduct involving the protected class; (3) the harassment complained of was based on the statutorily protected class; (4) the harassment had ...
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.
Hostile Work Environment Claims in Today's Workplace The employee suffered intentional discrimination because of his/her protected characteristic (e.g., race, sex, disability, etc.); The discrimination was severe or pervasive; The discrimination detrimentally affected the plaintiff;
As the plaintiff in a hostile work environment lawsuit, you must prove that you worked in a hostile environment. You must also provide proof that shows that you were subjected to unwelcome ?severe or pervasive? harassment. You must also show that you were offended or affected by the behavior .
When an employee sues his or her employer for harassment under a protected characteristic, the employee will need to offer evidence to substantiate the harassment claim, perhaps in the form of recorded conversations, emails, or witness statements. That alone isn't enough to win the lawsuit, though.