Hostile Work Environment
Hostile Work Environment Definition
All sorts of behavior 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. Also, the state in
which you work might have enacted equivalent laws with even better protections.
Whether a victim or witness, you 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.
To file a lawsuit under one of the laws listed above, you must first file
a charge with the EEOC or a state equivalent. A statute
of limitations applies.
Before reporting a hostile work environment to the
EEOC or a state equivalent, you might have a stronger case if you first
followed your employer's anti-harassment policies to no avail. Otherwise,
your employer might weaken your case with the Faragher-Ellerth defense.
This and other potential complications might make it a good idea to consult
an attorney before filing your charge.
Attorneys often take winnable discrimination cases on contingency.
See Harassment or Sexual
Harassment for more information about discriminatory harassment,
relevant laws and avenues of relief.
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