Human Resources departments are central to most employment litigation. Lawsuits often stem from allegations that HR failed to address complaints of discrimination, harassment, or retaliation, or that they actively contributed to a hostile work environment. In other instances, HR involvement arises from their efforts to remediate a situation following an internal complaint.
Hostile Work Environment and Retaliation
Many lawsuits arise when an employee is subject to a hostile work environment on the basis of a protected characteristic, which sometimes culminates in an adverse employment action such as termination when they make a complaint.
In employment law, a hostile work environment arises when harassment based on a protected class—such as race, sex, national origin, religion, age, disability, or other characteristics under Title VII of the Civil Rights Act and similar state laws—becomes so severe or pervasive that it alters the terms and conditions of employment that a reasonable person would find the workplace intimidating, hostile, or abusive. Sometimes, after making a complaint, the affected employee is subject to an adverse employment action – retaliation – which may include job termination.
Employers face significant liability risks in such cases, but a well-functioning HR department can provide a strong defense through swift, thorough action. Conversely, inaction, inadequate, or retaliation responses often become the foundation for successful plaintiff lawsuits.
The Power of Prompt HR Intervention Versus Inaction or Retaliation
Courts recognize that employers are not strictly liable for all coworker harassment. When the employee reports discrimination or harassment the employer must exercise reasonable care to prevent and promptly correct harassing behavior (through policies, training, and responsive actions).
The Cost of Inaction, Inadequate Response, or Retaliation: Grounds for Liability
When HR delays, dismisses complaints, conducts superficial investigations, fails to impose meaningful discipline, or retaliates against an employer for reporting discrimination or harassment, the employers may be liable. Common pitfalls that strengthen a plaintiff’s case includes:
• HR ignoring or delaying investigation of complaints
• Retaliating against the complainant (e.g., demotion, poor reviews, ostracism, termination)
• Inadequate or no discipline for proven harassers
• Failing to follow internal policies or train managers
Consider a scenario where multiple employees report race based harassment, but the employer takes no action—failing to investigate, discipline, or stop the behavior. Consequently, plaintiffs continue to endure ongoing slurs, exclusion, or abuse after reporting to management and eventually are fired for complaining or quit due to an intolerable hostile work environment. Courts will likely hold the employer liable for allowing the environment to persist, resulting in monetary damages (often tens to hundreds of thousands), consent decrees requiring policy changes, training, and monitoring. In cases where the employee is subject to an adverse employment action after making a complaint – retaliation – employers often face more serious consequences.
Contact an Experienced Employment Law Attorney for Help Today
A prompt, professional HR response to harassment complaints involving protected classes is one of the most effective shields against discrimination and hostile work environment lawsuits. A failure to act or engaging in retaliation is a recipe for a discrimination lawsuit in which the employee often prevails. If you have been subject to a hostile work environment based on a protected characteristic or have been retaliated against after making a complaint, contact the Wisconsin employment law attorneys of Alan C. Olson & Associates for immediate assistance at 262-785-9606.
