Toxic Work Environments: Your Legal Options in Colorado
What to do if your workplace is toxic
A toxic workplace is more than just an annoyance. On the business end, it can impact productivity, efficiency and morale. On the employee end, it can be a genuine hazard to physical and mental health, and it can drastically impact their quality of life both inside and outside of work.
The good news is that there are legal protections in place to both prevent and punish abusive employers. If you suspect that you’ve become the victim of a toxic work environment, here’s what you need to know about seeking compensation.
What is a toxic work environment?
To receive damages for a hostile work environment, you’ll need to prove that it actually exists. This is where things can get tricky.
Where’s the line between abusive and merely unpleasant?
Legally speaking, Title VII of the Civil Rights Act of 1964 only protects against workplace harassment when it’s directed against protected classes, such as race and religion. In reality, however, people from every walk of life can find themselves trapped working under terrible bosses.
Here are a few commonly cited characteristics of a toxic workplace:
- Bullying
- Harassment or discrimination
- Lack of boundaries
- Lack of communication
- Employees pitted against each other
- Retaliation for speaking up
- Lack of work-life balance
- High turnover or burnout rates
Ultimately, there’s no legally accepted definition of “hostile” or “toxic,” so it’ll be up to you and your legal representation to prove that your company has crossed the line.
Examples of toxic behaviors in the workplace
You can strengthen your case if you’re able to show real, repeated examples of abusive behaviors in your workplace or work culture. Keep in mind that these examples need to be serious enough to warrant the label of harassment or discrimination. Unfortunately, being a bad boss isn’t illegal on its own.
Examples of harassment might include:
- Inappropriately sexual or suggestive behavior
- Slurs, name-calling, rude or offensive jokes, or other comments aimed at you as a member of a protected class
- “Quid pro quo” arrangements where you’re expected to provide favors in exchange for career advancement
- The denial of your legal rights as an employee, including your right to discuss your wages
- Retaliation for reporting these issues in your workplace
Something else to keep in mind is that many states require abuse in the workplace to be “severe” or “persistent” in some way. It needs to have negatively impacted your mental health, your job prospects or your safety at the office. A single offense isn’t usually enough for a lawsuit.
Legal protections for employees facing a toxic work environment
According to the Title VII of the Civil Rights Act of 1964, employers aren’t allowed to discriminate against “protected classes.” These include race, religion and gender. If you suspect that you’ve become a target for workplace harassment for any of these reasons, your lawyer can make a case under Title VII.
Another possibility is suing based on a specific social or civic issue. For example, the Americans with Disabilities Act of 1990 doesn’t allow discrimination against people with disabilities. The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees based on age.
Last but not least, there are federal laws that can be used to combat certain specific types of workplace hostility.
One example is if you’re fired or retaliated against for speaking to other employees about your wages. Under the National Labor Relations Act, this is a legal right for workers of all types, and your company isn’t allowed to punish you or force you to keep your salary a secret.
Hiring a lawyer to seek damages for a toxic work environment
Take the following steps to prepare for a lawsuit if you’re working in a toxic environment.
Talk to management and document the abuse
The first step in addressing a harmful work environment is talking to management and/or human resources. It might be uncomfortable, and it might even make things worse for you, but it’s a necessary measure.
You’ll need a documented record of the abuse that you’ve endured. For many cases, you’ll also need to prove that you reported the problem but management didn’t take reasonable efforts to fix it.
Gather documents and contact an attorney
When you’re ready to make a legal claim against your employer, it’s time to hire a lawyer. Bring your documents, including any notes, reports or reprimands that you’ve received from your company. Be prepared to talk about the specifics of your situation.
Consider potential damages
Another thing worth considering is what damages you’ll seek from your employer. Compensation can take many forms, including:
- Lost wages
- Punitive damages
- Attorney’s fees
- Cost of therapy and other medical treatment
- Pain and suffering and general emotional distress
Keep in mind that the U.S. Equal Employment Opportunity Commission has put caps on settlement claims based on the size of the company and its number of employees.
Making things right at your toxic workplace
It’s never easy when your work culture is stressful, hostile, defamatory or just plain unpleasant. However, there’s a difference between a bad job and an abusive one. If your situation has tipped into the latter, you might be entitled to damages, ones that can enable you to seek greener pastures in a healthy and safe work environment.
Contact the experienced Colorado attorneys at The Babcock Law Firm
At The Babcock Law Firm, we believe it’s important for employers to provide a safe and healthy work environment for their employees. We understand the challenges that you face when dealing with work-related injuries. Whether it’s physical pain, emotional trauma or financial strain, the aftermath of an injury can be overwhelming.
While our practice may not specifically deal with toxic workplace issues, we are dedicated to fighting for the rights of injured workers and getting them the compensation they deserve.
