More about proof of a harassment claim

On Behalf of | Apr 19, 2021 | Firm News |

Residents of West Virginia may want to learn more about the protection the law offers against employee discrimination. In most cases of racial or sexual harassment and a hostile work environment, you will need to show the acts as being pervasive or severe and against the protected rights of employees. It may be more difficult to prove if the harassment occurred more than 300 days before the filing of a charge of discrimination.

How is the claim proved?

Rude behavior is not considered a hostile work environment. On the other hand, a series of events that add up to constitute a hostile work environment are cause for a claim. Even if some of the acts were not problematic if looked at alone, the sum total of the added discrimination acts may be cause for a claim.

What does the Continuing Violation Doctrine mean?

In a harassment case, you as an employee must file a charge of discrimination with the Equal Employment Opportunity Commission within either 180 or 300 days of the unlawful employment practice. The claim will usually involve a series of events rather than one event.

The whole time period of the hostile work environment can receive consideration if at least one hostile act occurs within 180 to 300 days of filing. A multi-year failure to ensure a safe work environment could be a valid claim of discrimination.

If you feel there has been a violation of your rights and discrimination at your job, it may be time to consult an attorney with experience in this type of law. They may be able to help you file and prove your claim of harassment.

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