Wheaton Hostile Work Environment / Harassment Attorney

Employment Law Attorney Helping Employees Facing Harassment in Wheaton, Illinois

No one should be harassed at work. Everyone should be free to do their jobs without being insulted, touched without permission, subjected to unkind jokes, or mocked. Employers have a duty to combat harassment in the workplace rather than allowing it to happen. If you are harassed at work based on your membership in a protected class, you may be able to bring a workplace harassment claim against your employer. Severe and persistent harassment can lead to what is called a hostile workplace environment. When an employee has been singled out for harassment based on his or her race, religion, disability, or other protected characteristics, and the harassment is impairing the employee's ability to work, a hostile work environment claim may succeed. If you are facing this special type of discrimination, you should speak to a qualified Illinois employment law attorney. You might be entitled to compensation.

JSL Law, LLC is committed to protecting the workplace rights of all employees. Knowledgeable hostile work environment attorney Jolianne Alexander will do all she can to end the harassment you are facing and help you recover any compensation you are entitled to. Attorney Alexander will bring a dynamic perspective to your case, drawn from her years of experience in workplace discrimination cases. She will work closely with you to find the right solution in your individual case.

What is a Hostile Work Environment?

While having a boss or coworkers who are rude to you can make your workplace very unpleasant, a hostile work environment is much more narrowly defined. A hostile work environment occurs when an employee is repeatedly and severely harassed based on the employee's protected traits. There must be a discriminatory reason for the harassment. Protected traits include a person's actual or perceived:

• Race.
• Religion.
• Color.
• National origin.
• Sex.
• Gender identity.
• Disability.
• Sexual orientation.
• Marital status.
• Being age 40 or older.
• Military status.
• Conviction history.

If the harassment is based on something else, such as the employee's job performance or personality traits, there may be a different legal issue, but this would not generally be considered a hostile work environment under traditional employment laws.

The harassment must also be severe and pervasive enough to interfere with the employee's ability to perform his or her job duties. Isolated incidents, however wrong, are not usually enough to create a hostile work environment. A hostile work environment typically arises when the harassment happens routinely. For example, if a single coworker makes one unacceptable joke about your religious practice, you would probably not have a claim, especially if your employer responds appropriately by correcting your coworker. However, if you are repeatedly mocked by coworkers when you leave for your prayer break, you might have a hostile work environment claim. Courts look at the specific circumstances of your situation to determine whether a situation rises to the level of being a hostile work environment.

What Type of Behavior is Considered Harassment?

Making offensive comments - including "jokes" - or engaging in offensive conduct directed at an individual or group of individuals who share a protected trait can be considered harassment. Examples of harassment might include:

• Making jokes at the expense of people with a protected trait, such as jokes that are racist or sexist in nature.
• Insulting, ridiculing, or mocking an employee.
• Using slurs, even in jest.
• Circulating cartoons or images designed to insult or mock a protected class of people.
• Intimidating or threatening an employee.
• Touching an employee in an offensive or harmful manner.
• Making inappropriate sexual remarks to or about a particular employee.
• Calling undue negative attention to an employee's use of reasonable accommodations.

A hostile work environment often starts with one employee directing harassing behaviors toward the victim. When others see that the harassment is tolerated, others may start engaging in the same behaviors. Employers in certain industries may attempt to justify workplace harassment by showing that joking and teasing is common in their type of workplace. However, the kind of harassment that gives rise to hostile work environment claims is far more severe than the typical friendly teasing seen frequently in more casual workplaces.

Contact a Wheaton, IL Workplace Harassment Attorney

JSL Law, LLC is committed to helping employees end workplace harassment and escape hostile work environments. Experienced hostile work environment lawyer Jolianne Alexander brings a dynamic perspective to her cases after years spent handling workplace discrimination cases. Contact us at 630-730-8135 for a complimentary consultation.