Whether it’s gossip, conflict with a coworker, or a micromanaging boss – It is not uncommon to have problems in the workplace. 

But how can you know, you are working in a hostile work environment?

Well, our lawyer for a hostile work environment has broken down everything for you to understand it well. 

What is a Hostile Work Environment?

A hostile work environment is a place where the atmosphere is abusive or intimidating, making it difficult for employees to do their jobs. 

It often involves discrimination based on things like gender, race, religion, age, sexual orientation, disability, or nationality, which are all protected by the Equal Opportunity Commission (EEOC).

Here are some signs of a hostile work environment:

  • Experiencing discrimination based on protected categories such as gender, race, or age.
  • Harassment at work or discriminatory behavior happens frequently and consistently.
  • The employer does not investigate or address the problems.
  • The hostile environment negatively impacts employees’ ability to work.
  • The employer knows about the hostile behavior but doesn’t take action to stop it.

What Qualifies as a Hostile Work Environment?

Not every uncomfortable work environment is considered hostile. A hostile work environment happens when an employee experiences offensive or unwelcome behavior that is so frequent or severe that it makes it hard for them to do their job. 

An employment law attorney will look at things like how often the behavior happens, whether it is verbal or physical, and other factors to decide if the work environment is hostile.

To file a hostile work environment lawsuit, the employee must also show that they were targeted because of a protected characteristic. These characteristics are protected under federal law and include:

  • Race
  • Color
  • Gender
  • National origin
  • Pregnancy
  • Age
  • Religion
  • Disability

State laws may also protect additional traits like sexual orientation and gender identity. An employment harassment lawyer can help you with harassment and discrimination cases based on your state’s laws.

It’s important to report any unacceptable behavior at work as soon as possible. Successful cases often rely on having documented proof that the issue was reported. 

If reporting the problem doesn’t resolve it, it’s a good idea to contact an attorney for further help.

Some Examples of a Hostile Work Environment

It can be hard to recognize a hostile work environment, but here are some examples:

  • Telling offensive jokes about someone’s race, religion, gender, or other protected categories.
  • Making unwanted comments about someone’s appearance.
  • Using offensive slurs.
  • Talking about sexual acts or using inappropriate sexual language.
  • Showing racist or sexual pictures.
  • Unwanted touching or making sexual advances.
  • Making inappropriate gestures.

How to Handle a Hostile Work Environment?

We spend the majority of our daily lives at our places of work. It is important that we feel comfortable and safe in our work environment. Unfortunately, most individuals do not have this luxury. 

If you are working in a hostile environment, it can be extremely difficult to concentrate on your job and do your best. 

So, what can you do in that situation? Start with reviewing and analyzing. These workplaces are characterized by bullying or harassment. 

Here are some steps you can take if you feel your coworker is creating a hostile work environment. 

  • Speak to your boss directly. 
  • Explain how their behavior is making you feel uncomfortable. 
  • If you don’t feel safe speaking to your boss, file a complaint with HR. 
  • Consider consulting with an attorney to discuss your case if everything fails. 

How can you Deal with a Hostile Work Environment on your Own?

  • Build a support network of friends or family members so you can talk about what is going on at work. 
  • Take care of yourself physically and mentally. 
  • Eat healthy meals, sleep, and exercise regularly. 
  • Find ways to relax and have fun outside the workplace to forget everything. 

What Type of Harassment is Actionable?

For workplace harassment to be considered illegal, the behavior must be severe and happen often enough to make a reasonable person feel intimidated, hostile, or abused. 

However, minor annoyances, petty behavior, or isolated incidents (unless very serious) usually don’t count as illegal. 

It means that even if your boss or coworkers are unpleasant, it’s not illegal unless their behavior is based on your race, religion, sex, or another protected characteristic.

How Do Courts Determine Severe or Pervasive Cases?

It’s important to understand that each case of workplace harassment is judged individually depending on the situation. 

When making a decision, the following factors are considered, but no single factor is enough on its own, and not all of them are required:

  • How severe the behavior was.
  • How often does the unwelcome discriminatory behavior happen?
  • Whether the behavior was physically threatening, humiliating, or just offensive.
  • Whether the behavior made it hard for the employee to do their job.
  • How the behavior affected the employee’s mental health.
  • Whether the harasser was someone in a position of authority.

Wrapping it Up

The way employees view their jobs has changed. Today, they seek workplaces with positive and rewarding cultures that encourage growth and engagement.

If employees find their work environment to be hostile or uninspiring, they won’t hesitate to leave.

This makes it clear: companies must eliminate workplace hostility if they want to succeed. There’s no room for it in a thriving organization.

So, if someone is harassing you what can you do? Simple – Talk to our workplace harassment lawyer. We will help you in every possible way. 

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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