What behaviors are considered criteria for a hostile work environment? What happens if you have to work every day in a hostile environment – can you make it stop, or do you have to quit your job? This guide explains.
Several behaviors can meet the criteria for a hostile work environment, but the key is that those behaviors are pervasive, severe and persistent enough to disrupt the victim’s work. However, only some types of harassment qualify as creating an unlawfully hostile work environment. The behavior must be based on discrimination against a person’s:
Someone repeatedly saying you’re too old to perform a job, making racist jokes or poking fun at you because of your religious beliefs are all examples of things that can create an unlawfully hostile work environment.
Some of the behaviors that meet the criteria for creating a hostile work environment include:
Remember, though, that the behavior must be severe, pervasive and persistent enough to disrupt your work. One racist joke doesn’t necessarily make an unlawfully hostile work environment (although it’s inexcusable and will make any reasonable person feel uncomfortable). However, a racist joke combined with poor treatment that can be attributed to racism can create an unlawfully hostile work environment.
Although some behaviors are unprofessional and can make you feel badly about yourself, not all types of harassment are technically illegal or create an unlawfully hostile work environment. That means if someone picks on you because you’re short, because you have blond hair or because you wear glasses, you’re not likely to win a lawsuit. It’s certainly not nice to be made fun of for a personal characteristic, and your workplace may indeed be very hostile, but in order to win a case in court, the harassment must be related to a protected class (such as age, disability, race or religion).
Under the law, a “reasonable person” would have to find the behavior abusive or hostile. That means if you’re extremely sensitive, you may find something abusive or hostile that many other people don’t. For example, if your employer says to you, “I just don’t understand your religion,” that’s probably not something a reasonable person would find hostile or abusive. However, if your employer said, “Your religion is stupid and nobody should be part of it,” that’s another story. Still, though, the behavior must be pervasive and severe enough to disrupt your work. Generally speaking, a one-time incident – unless it’s severe (such as a sexual assault) – is not enough to create a hostile work environment.
Harassers can be:
The victim doesn’t have to be the person harassed, either. Anyone who is affected by the offensive conduct can be a victim.
It’s also important to note that a hostile work environment can be present even if the victim isn’t fired from the job or doesn’t suffer financial losses.
The employer is, in most cases, liable for harassment. Here’s what to know:
Employers can fire employees for harassing another person, as well.
If you’re working in a hostile work environment, or if you have worked in one and no longer do, we may be able to help you. Call us at 818-230-8380 or fill out the form below to speak with a qualified, caring and compassionate professional now.
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