A hostile work environment is a form of workplace harassment. It is demonstrated by pervasive conduct that interferes with an employee’s ability to perform their job. A bad boss or unpleasant work environment does not automatically constitute a hostile work environment. Even a tough work environment with high demands and lack of privilege are not considered hostile; instead, a work environment must meet specific legal criteria to be considered truly “hostile” under the law. Jodat Law Group can help you get the results you deserve with employment law in Bradenton, Florida.
Hostile Work Environment Requirements
A hostile work environment can be the direct result of unwelcome conduct by supervisors, employees, or customers. This unwelcomed form of conduct creates an intimidating, offensive work environment for the victim. Some examples of unlawful hostile activity include, but are not limited to:
Discussing one’s sexual activities
Telling jokes regarding race, disability, sex, or other protected areas
Unnecessary touching of an employee
Commenting on an employee’s physical attributes
The use of inappropriate gestures, crude language, and inappropriate epithets
Using hostile physical conduct
Sabotaging the victim’s work
Displaying sexually suggestive or racially insensitive pictures
Is a Hostile Work Environment Against the Law?
Yes, a hostile work environment violates the law under two conditions:
The harassing conduct must be unwelcome or protected under the victim’s current status.
The conduct must be subjectively abusive and severe enough to create an environment where a reasonable person would also find it abusive or hostile.
Typically, a pattern of harassing conduct must be established for a work environment to be considered hostile, rather than it being based off of a single instance. To determine if there is a valid pattern of harassment, a few factors will be assessed:
How frequently the victim encountered the conduct
The severity of the conduct each time it was encountered
If the conduct was humiliating or threatening or if it was just a nuisance
If the conduct is unreasonable and interfered with the victim’s ability to work
If the conduct affected the employee’s psychological health
If the harassment came from a superior
If the conduct escalated
Each of these factors are considered, but are not required. For example, a supervisor does not have to be the harasser for a work environment to be considered hostile.
Dealing with a Hostile Work Environment
If an employee feels they are experiencing a hostile work environment, they should first request the harasser to stop. The employee should write down the date and time they made a verbal request for the behavior to stop. An employee can also enlist the services of Human Resources to request the abuse to end, especially if they feel doing so could lead to a dangerous situation.
If the behavior does not end, the employee should seek counsel from their manager or a Human Resources staff member. Asking for help gives the employer time to investigate the complaint and establishes a timeline for the victim. If the hostile environment is not corrected even after enlisting the help of management and human resources, the victim should consult an attorney.
Hostile work environments are unnecessary strains. Employers that fail to correct hostile work environments can be held liable for their actions. Learn more about your rights as an employee by contacting Jodat Law Group, P.A. online or calling 877-JodatLaw.
