What Evidence Do You Need to Prove a Hostile Work Environment in Maryland?

If you are a victim of a hostile work environment, you have clear rights under the law. Title VII of the Civil Rights Act of 1964 and Maryland’s anti-discrimination law both classify harassment as a form of discrimination and creating a hostile work environment is one example of harassment that entitles affected workers to take legal action. Find out what it takes to prove a hostile work environment from Maryland employment attorney Jay Stafford.

Understanding Your Legal Rights Under Title VII and Maryland’s Anti-Discrimination Law

Before we talk about what it takes to prove a hostile work environment, we first need to talk about when Title VII and Maryland’s anti-discrimination laws apply.

Generally speaking, Title VII applies to employers that have 15 or more employees. This includes full-time, part-time and temporary employees, and it covers employers that had 15 or more employees during any 20 weeks in the current or preceding calendar year. As a result, even if your employer does not have 15 employees currently, if it recently had 15 or more employees (i.e., during the holiday season or prior to a reduction in force), you could still be protected under Title VII.

Maryland’s anti-discrimination law also generally only applies to employers that have 15 or more employees. However, there is one critical exception. As the Maryland Commission on Civil Rights (MCCR) makes clear:

“[C]omplaints alleging unlawful employment harassment can be filed against employers with 1 or more employee[s].”

As we said above, creating a hostile work environment is classified as a form of harassment. As a result, employees who work for companies of all sizes in Maryland can file hostile work environment claims under state law.

Proving a Hostile Work Environment in Maryland

Now, let’s say you have a hostile work environment claim under Title VII or Maryland’s anti-discrimination law. How do you prove it?

Proving that you have been subjected to a hostile work environment requires evidence—just like any other type of employment-related discrimination or harassment claim. This evidence can take a variety of different forms, including (but not limited to):

• Your Notes About the Hostile Work Environment – You should take detailed notes about the hostile work environment you have experienced (or are continuing to experience) at work. It is important to be completely factual—do not make assumptions about motives or overstate what has happened. If you have a hostile work environment claim, the true facts at hand will be enough to establish your legal rights.
• Any Reports You Have Filed with Your Manager or HR – If you have reported your concerns to your manager or filed a report with your company’s human resources (HR) department, you should keep a copy of your report if possible. This could be a formal report filed with HR or an email or direct message that you sent to your manager.
• Any Emails, Messages or Other Communications You Have Received – If you have received any harassing or discriminatory emails, messages or other communications from your coworkers, you should try to keep copies of these to share with your Maryland employment attorney.
• Documentation of Any Response (or Lack Thereof) By Your Employer – If your employer has unsuccessfully attempted to address the hostile work environment, you should take notes about your employer’s response and keep any relevant communications here as well. Likewise, if your employer has ignored your concerns, you should document your employer’s response (or lack thereof) if possible.
• Testimony from Your Coworkers – If any of your coworkers have witnessed what you have experienced, or if any of your coworkers may also be victims themselves, you should write down their names to share with your attorney. Witness testimony can be key evidence in hostile work environment claims under both Title VII and Maryland’s anti-discrimination law.

Regardless of the evidence you currently have in your possession, it is important to take action promptly. If you don’t have any of these types of evidence, this should not deter you from speaking with a Maryland employment attorney. Your attorney will be able to assist with gathering the evidence needed to prove your legal rights, and your attorney will be able to help you make informed decisions about protecting your legal rights throughout the process.

Contact a Maryland Employment Attorney in Confidence

If you need to speak with an attorney about filing a hostile work environment claim in Maryland, we encourage you to contact us promptly. To speak with an experienced Maryland employment attorney about your situation in confidence as soon as possible, please call 410-514-6099 or tell us how we can contact you online now.