Legal Definitions: Hostile Work Environment (Part II)

If you are an innovator, chances are you have found yourself at some point working for folks who are “dim bulbs.” The problem with dim bulbs is that they will often seek to force-out innovators as they are direct threats to leadership positions that they(the dim bulbs) are seeking in the system. When that happens, they will often create hostile working conditions and gamble that an employee won’t file.

With that said, you need to know what a hostile work environment looks like. If you suspect that are in one of those, I urge you to seek legal counsel immediately and consider litigation through various paths.

Tulane University’s Law school defines a hostile workplaces as such…

It’s crucial to understand the difference between the definition of a hostile work environment and typical workplace conflict. A hostile work environment exists when workplace conduct, as defined by law, creates unfair treatment that is tied to a protected characteristic.² Common examples include workplace gender discrimination , as well as discrimination based on race, ethnicity, age, sexual orientation, disability, religious beliefs and more.

Tulane U further adds…

The conditions that give rise to a hostile work environment must be so severe and so pervasive that they alter the underlying terms and conditions of employment. This atmosphere interferes with job performance and decreases employee satisfaction.

In other words, you can’t do your job due to severe conditions created due to your race, ethnicity, sexual orientation, disability, religious beliefs, and more. Excessive complaints, emotional manipulation, ridicule, intimidation tactics, persistent power imbalance, and discriminatory words OR behaviors that are severe and pervasive….are just a few hostile behaviors mentioned by Tulane.

One step further, the National Whistleblower Center defines a hostile work environment as…

A hostile workplace is one where serious or consistent harassment and discrimination based on an employee’s protected characteristics, such as race, disability, gender, age, or sexual orientation, create a toxic or abusive working environment. Oftentimes, this persistent harassment negatively impacts an employee’s work performance, position, and mental health.

Masterly Legal Solutions speaks directly to educator specific situations. As educators, I encourage you to view their website as it covers a multitude of situations involving hostile work environments. Their website discusses how school systems will somtimes respond when an employee informs them of wrong doing…

Retaliation cases are more common in education than many people realize. Teachers often speak up about issues involving student safety, policy violations, testing concerns, or discrimination. Unfortunately, schools do not always respond appropriately.

Retaliation occurs when an employer punishes an employee for engaging in legally protected conduct. The punishment may be obvious or subtle. Schools may deny promotions, reduce responsibilities, or create hostile working environments, which is why many educators turn to an experienced retaliation lawyer for workplace law and employment help.

I want to be clear on the following. Just because someone says something about you does not make it true. I am a firm believer most people(not all) are smart enough to see through the motives behind many actions. However, when faced with the above…there are often severe financial consequences to not addressing a hostile work environment situation. You will think that if you stay quiet(and not report it), the storm will pass. I have found this rarely to be the case in education. Unless there is an admin change, you are going to need to know your rights and defend them. It might cost you your job to speak up, BUT it is probably going to cost you your job to remain silent.

We don’t often see teachers litigate for damages. I hope we see that trend change very soon. We will often see teachers use the legal system to get their jobs back. But professional damage done to a person’s reputation(by false or misleading claims) often comes at a financial price to the individual educator. That educator has every right to seek damages from all educational entities(both systemic and individual) associated with the wrong doing if proven in a court of law.

As I noted on the first page, get a good lawyer who you can call at any time. Do that now before you need them later. If you have to pay a one-time retainer of $5,000-$10,000, it is well worth the money. Just make sure they will defend you, and that they come with strong references and a reputation for winning in the courtroom. For the record, I prefer legal teams which are made up of a local lawyer who can file things in local or federal courts. I then prefer a national firm which specializes in educational law and specifically can handle your case as either a defendant or plaintiff. You will find many local lawyers unable to take your case as many local school systems are smart….meaning they will place good, local lawyers on retainer or use them for small cases. This creates a conflict of interest where they can’t work for teachers.

Finally, if you are going to proceed with either litigation or general legal proceedings, do so very quietly. You do not want to telegraph your plans. Gather your documents. Make your legal contacts. Let your lawyer handle all communications if they advise as such. I have found at times that lawyers will advise a client to address some items through proper channels(while meticulously docuementing), and then will step-in if the temperature needs to be raised. Either way after consulting a good lawyer, you will have the confidence of knowing that you have qualified, legal protection behind each of your actions.

ProTip: It is IMPORTANT to know the statute of limitations for each offense. That could differ between state and federal law. Many educators often wait too long to file, and end-up against a firm statute of limitations guideline. Again, get to a lawyer ASAP if you feel that things are getting sideways in your building. A good lawyer will advise you on how to proceed. Beware, some statues are as short as 180 days.

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