Understanding what legally qualifies as a hostile work environment allows employees to recognize their rights and take appropriate action when violated. Many workers don’t know what qualifies as a hostile work environment and might not report harassment or other inappropriate behavior. When people misunderstand what it is (and isn’t), they are as vulnerable as they are unprotected.
Legal Definition of a Hostile Work Environment
A hostile work environment speaks to when an employee experiences harassment that is based on protected characteristics like race, gender, religion, national origin, age, disability, or sexual orientation, and that is severe or pervasive enough to create an abusive working atmosphere. The law does not protect against general rudeness or unpleasantness. The behavior must be discriminatory and targeted at an employee’s protected status to qualify.
For behavior to qualify as creating a hostile work environment, it must meet subjective and objective standards. Subjectively, the victim must feel that the conduct is hostile or abusive. Objectively, a reasonable person in the same situation must also find the behavior hostile or abusive. This means that not only must the victim perceive the environment as hostile, but any reasonable person in a similar situation would feel the same.
Types of Harassment
Harassment comes in many forms and from different sources. Many people envision that the harasser is a supervisor, but it can come from being a coworker or customer, too. It is not limited to physical actions, and the definition includes verbal and non-verbal behavior.
These behaviors must be more than just occasional or minor. They need to be severe enough to alter the conditions of the victim’s employment. For instance, a single joke might not be enough to constitute a hostile work environment, but repeated jokes over time could be. Similarly, physical assaults or threats are inherently more severe and meet the definition of a hostile workplace.
Factors That Courts Consider
When determining whether a work environment is hostile, courts look at several factors:
- Frequency
- Severity
- Its impact on your work
- Deciding whether the harassment was targeted
For example, courts examine how often these events occurred. A one-time comment, even if offensive, may not be enough. (That doesn’t completely rule out single acts.) However, continuous harassment over a period contributes to a hostile environment. Courts also consider if the behavior was severe, meaning particularly egregious. Finally, they look at the impact on the employee’s ability to work. If harassment makes performing your job’s duties difficult, it is more likely to be considered a hostile work environment.
Reporting and Documenting Harassment
If you believe your work environment has become hostile, make sure to document the harassment. Keep a detailed log of each incident, including dates, times, witnesses, and descriptions of what occurred. This documentation could become evidence to support your complaint, so just document what happened; avoid adding your opinion or commentary to the log.
Reporting the harassment to your human resources department or a supervisor is also important. Allow the employer to address and correct the behavior. If the employer fails to take immediate and appropriate action, they may be liable for enabling a hostile work environment. Document any reports you make to HR or management, including their responses and any actions they take.
Legal Protections and Recent Changes
In 2021, President Biden signed a law ending forced arbitration for sexual harassment claims. This change allows victims to take their cases to court rather than being forced into private arbitration. Previously, employees were not given this option. This development is an essential step in allowing employees who have experienced sexual harassment to be able to shine a light on their harassment. The new law reflects a growing recognition of the need for transparent and open processes in handling harassment claims.
Take Action Against Your Workplace
If you believe you are experiencing a hostile work environment, it is essential to seek legal advice. Contact Sansanowicz Law Group, P.C. for a free consultation. We are here to help you understand your rights and take the necessary steps to protect them. Don’t hesitate to reach out and ensure your workplace is safe and respectful.
Leonard Sansanowicz
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