Hostile Work Environment
Hostile Work Environment Definition
All sorts of things can create what employees deem to be
a "hostile work environment". But, in the legal
sense, a hostile work environment is caused by unwelcome
conduct in the workplace, in the form of discriminatory harassment
toward one or more employees.
Other names for a hostile work environment include intimidating
work environment, offensive work environment, abusive
work environment and hostile workplace.
The harassing workplace bully might be an employee, such
as a bad boss or coworker, or
even a non-employee, such as a client or independent
contractor.
But who the workplace bully is doesn't matter as
much in the legal sense, as does the fact that he or she
is creating an intimidating, offensive, abusive or hostile
work environment through discriminatory workplace harassment.
Hostile Work Environment Laws
There are no Federal "hostile work environment laws" or
"hostile workplace laws" named as such. Creating
a hostile workplace is prohibited under certain Federal discrimination
laws (listed below).
Subsequently, to be illegal under one of the laws in the
eyes of the courts, a hostile work environment typically
must be caused by discriminatory workplace harassment based
on race, color, religion, national origin, disability, age
or sex. Additionally, the harassment typically must be severe,
recurring and pervasive.
Lastly, the victim or witnesses typically must reasonably
believe that tolerating the hostile work environment is a
condition of continued employment. In other words, the victim
or witnesses typically must reasonably believe that they
have no choice, but to endure a hostile workplace in order
to keep their jobs.
Listed below are the specific Federal discrimination laws,
under which it's prohibited to create a hostile work environment
through discriminatory harassment, but other discrimination
laws might come into play. The state in
which you work might have enacted equivalent laws with even
better protections.
Either the victim or witnesses may report a hostile work
environment, by filing an appropriate discrimination charge
directly with the Equal Employment Opportunity
Commission (EEOC) or a state
equivalent, or with either though an attorney.
Attorneys often take discrimination cases on contingency.
See Harassment and Sexual
Harassment for more information about discriminatory
harassment, relevant laws, and avenues of relief.
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