Harassment in the workplace is a form of discrimination which can violate Title VII of the Civil Rights Act of 1964. This harassment may include unwanted and unwelcome conduct involving race, color, sex, gender, ethnicity, age (40+), and retaliation.
Harassment claims require that the conduct be severe or pervasive or the supervisor’s conduct results in a tangible employment action. Hostile work environment harassment interferes needs to be based on one of the above legally protected areas and interferes with work performance and creates an offensive or hostile work environment.
Sexual hostile work environment typically divided into quid pro quo and hostile work environment cases. One who believes they have been subjected to discrimination needs to file a complaint with the Utah Labor Commission Antidiscrimination & Labor Division with necessary documentation to help prove your case. After a few months UALD will schedule a resolution conference where both parties will sit down with a UALD mediator and try to resolve the issue in a non-binding manner. If the conference is unsuccessful months later an investigator will request information, make phone calls and determine whether there is reasonable cause or no reasonable cause that the illegal discrimination occurred. Once an individual receives the decision or anytime during the process one can request notice of the right to sue which ends UALD’s investigation process and allows one to file the case in federal district court within 90 days of receipt.
There are several other areas of employment law where a Utah employment attorney would be able to assist, i.e, wage disputes and overtime disputes, FMLA claims, unemployment insurance claims among more. Let Integrity Law help you with you employment law matters by contacting us today.