A hostile work environment exists when an employee gets harassed in the workplace and has fears of going to work as a result of the intimidating, offensive and oppressive atmosphere created by the harasser.
All kinds of behavior and response can create what employees can say to be a “hostile work environment”. Legally speaking, a hostile work environment is caused by any unwelcome conduct in the workplace, in the form of discriminatory harassment against the employees.
Hostile work environment is also known as intimidating work environment, offensive work environment, abusive work environment and hostile workplace.
To be more precise, hostile workplace harassment happens when unwelcome and offensive comments or actions based on sex, race or other legally protected characteristics create an intimidating, hostile or offensive work environment.
Anyone that belongs to the workplace might commit this type of harassment. In other words, employer, employee, co-worker, contractor and client can be the bully of the workplace. The victim can be anyone who is adversely affected by the conduct, and not just the individual whom the misconduct is directed at.
Here are some of the actions that may lead to hostile environment harassment:
1. The use of racially discriminating words and phrases.
2. Comments about one’s skin color.
3. Negative and offensive comments regarding an employee’s age when referring to individuals aged 40 or more.
4. The use of gestures, pictures and illustrations which would often or insult a particular racial or ethnic group.
Hostile Workplace Laws
Currently, there are no Federal laws that are specifically for hostile workplace laws. However, workplace harassment is controlled by several Federal laws under certain discrimination laws:
1. Title VII of the Civil Rights Act of 1964
2. Age Discrimination in Employment Act of 1967 (ADEA)
3. Americans with Disabilities Act of 1990 (ADA)
4. Genetic Information Nondiscrimination Act of 2008 (GINA)
Generally speaking, these laws help to prohibit the creation of a hostile work environment. However, these are not the only laws that can possibly play a role. Other discriminatory laws can be used to protect you against harassment and misconduct by other parties within your company. Also, bear in mind that the state laws that govern the state in which you work might have relevant laws that are protecting your best interests in your workplace.
Another thing that you must understand is that in order to make a legit case, a hostile work environment has to be created or induced by discriminatory harassment based on race, color, religion, national origin, disability, genetics, age or sex. Additionally, the harassment has to be severe, direct, and recurring.
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