Hostile Work Environment in Hawaii
A difficult situation at work can create a "hostile work environment" for many Hawaii employees. The reasons for an unpleasant work environment might be due to any number of factors, for example: rude supervisors, unprofessional co-workers, obnoxious clientele, the lack of team-work, the lack of benefits or privileges, poor leadership, or the lack of recognition for accomplished work.
Unfortunately, the reality of "at-will" jurisdictions leaves workers with limited recourse when it comes to addressing issues in the workplace. When relying on Hawaii's Fair Employment Practices law, the cause of the hostility or mistreatment must relate to discrimination based on sexual harassment, or at least one of the protected categories. Depending on the severity and pervasiveness of the hostility, there could be a potential claim as to the severe emotional distress caused by the hostile environment.
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To qualify as a potential claim, courts will consider whether the claimant was subjected to verbal or physical conduct which was so severe and "sufficiently pervasive" as to alter the conditions of employment or create an abusive working environment. There would need to be facts showing that the hostile environment had risen to a level where it:
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unreasonably interfered with claimant's work performance; or
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created an intimidating, hostile, or offensive working environment.
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A claim for emotional distress may also necessitate an evaluation on the intensity and duration of the distress caused by the hostile work environment. The courts will consider the type of mental suffering, anguish, mental or nervous shock, as well as "all highly unpleasent mental reactions," for example:
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horror;
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grief;
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shame;
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humiliation;
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embarassment;
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anger;
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dissapointment;
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worry; and/or
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nausea.
If you find yourself suffering through any of this, consult your healtcare provider immediately and find a therapist who can help with the emotional toll caused by these hostile work environments. There can be very real and long-term consequenecs caused by these situations.
What can you do?
If you've identified that the hostile work environment is based on misconduct relating to sexual harassment or a protected category, then you should first take steps to have your company address the issue.
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Compliance with Internal Policy:
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Follow the company's internal protocols for submitting complaints;
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Make sure that your complaint is submitted in writing;
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Your written complaint should be worded as polite as can be (avoid lashing out), and it should contain as much details as possible including the facts which show how "pervasive or severe" the hostility was;
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Be the best employee you can be. Don't give your employer a reason to fire you; and
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Document everything that happens. A successful case will depend in large part on a clear timeline of events.
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If your complaint is not appropriately addressed, consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC).
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If you need additional assistance, or have questions, feel free to contact the Sapolu Law Office or submit a message below to schedule a free case evaluation.
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If you are discharged or terminated from employment:
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Call an attorney as soon as possible;
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Don't sign any waivers or severance documents which may prevent you from filing a claim.
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If the company insists that you sign their paperwork, ask for more time to consult an attorney. At a minimum, you could always say "I need some time to review this with my family and will get back to you within a few days." Then make sure you follow up with an attorney.
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Time Limitations
Under the law, complaints relating to emotional distress caused by a hostile work environment must be filed within two years from the date of the physical or verbal conduct underlying the claim. If you believe you've been subjected to a hostile work environment as described above, don't hesitate - contact us immediately or send a message below to schedule a free case evaluation.
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