Federal and Colorado law prohibits workplace harassment, including a hostile work environment, when the conduct is based on a legally protected class or trait – meaning, race, color, national origin, sex, sexual orientation, pregnancy, religion, disability, or age. Workplace harassment attorney, Steven Murray, provides experienced legal counsel and representation to individuals subjected to unlawful workplace harassment.
Murray Law represents employees in federal and state court lawsuits, administrative discrimination charges, and alternative dispute resolution proceedings, including mediation and arbitration. We welcome the opportunity to provide experienced counsel and representation to persons subjected to unlawful workplace harassment.
Steven Murray has successfully represented individuals asserting discrimination claims in lawsuits before many United States District Courts, including obtaining jury verdicts and resolutions on behalf of clients in cases before the United States District Court for the District of Colorado and mediation proceedings.
Workplace Harassment as Unlawful Discrimination
Workplace harassment is unlawful employment discrimination when it is based on a legally protected characteristic, including:
- Race or color
- National origin
- Sex or sexual orientation
- Pregnancy
- Religion
- Disability
- Age
Harassment based on a protected class is prohibited regardless of an employee’s position, authority, or industry. Employees in the private section and federal, state, and local government have the right to be free from workplace harassment.
Hostile Work Environment
A hostile work environment exists when workplace harassment is sufficiently severe or pervasive to alter the conditions of employment and create an abusive or intimidating working environment.
Harassing conduct may include verbal, physical, or visual behavior and can be committed by supervisors, coworkers, customers, or clients. Depending on the circumstances, employers may be held legally responsible for allowing such conduct to occur.
Elements of a Workplace Harassment Claim
The specific elements of a claim for harassment or a hostile work environment claim depend on the facts. The claim includes these general elements:
- The conduct was unwelcome.
- The conduct was offensive.
- The conduct was based on a protected trait, such as sex, or directed against a person because of the individual’s protected class, such as race.
- The conduct was sufficiently severe or pervasive to alter a term, condition, or privilege of employment by creating an abusive working environment.
- The complainant perceived the environment to be abusive or hostile.
- A reasonable person in the complainant’s circumstances would consider the working environment to be abusive or hostile.
- A basis for employer liability.
Totality of Circumstances
The totality of the circumstances must be considered in evaluating a hostile work environment claim. The conduct is considered cumulatively instead of in isolation. The factors for consideration include:
- The nature, severity, and frequency of the conduct.
- Whether the conduct was by a co-worker, supervisor, or customer.
- Effect of the conduct on the complainant’s mental or emotional state.
- Whether others joined in the conduct.
- Whether the conduct was directed at more than one person.
- Whether the conduct was physically threatening.
- Whether the conduct unreasonably interfered with an employee’s work performance.
Depending on the facts, harassment of an employee by a supervisor, co-worker, customer, or client may impose liability on the employer for the harassment.
Contact a Colorado Workplace Harassment Attorney
Murray Law’s employment attorney team represents clients asserting workplace harassment and discrimination claims through federal and state court litigation, charges filed with federal, state, and local agencies, as well as mediation and arbitration proceedings. We welcome the opportunity to provide legal counsel and representation to persons confronting unlawful workplace harassment.
If you believe you are experiencing harassment at work, contact an experienced workplace harassment attorney to discuss your legal options.
