How Can I Prove A Hostile Work Environment. To determine if the environment is hostile, the courts consider the totality of the circumstances,. You generally can't collect unemployment if you voluntarily quit, but if you can prove that you quit because you were subject to a hostile work environment due to your status as a member of a protected class or because you reported your employer to an authority or agency, you may be entitled to unemployment as a constructive discharge.
A workplace becomes “hostile” when harassment based on a protected characteristic is so pervasive that it is abusive. To prove that your work environment is hostile, you will need to gather sufficient evidence of the offensive conduct and report it to a governmental agency. The complainant can be anyone affected by the conduct, not just the person who was directly targeted by the conduct.
Another thing that you must prove is that the conduct was severe enough to constitute a form of abuse.
By following the company's grievance process, you prove you did everything possible to stop the hostility. Everyone has a bad day (or even month) at work now and then. The complainant can be anyone affected by the conduct, not just the person who was directly targeted by the conduct. Before you can bring a case for a hostile work environment, it is important to understand what type of treatment is outlawed.