Braving a hostile work environment can take an immense psychological toll on any employee. When workers feel unwelcome or unsafe in their workplaces, simply going to work can feel more stressful than a full day of rushing to meet deadlines.
Though they are illegal under federal law, proving a hostile work environment in court can be difficult. The skilled employment law attorneys with Joseph & Norinsberg can help you build a strong claim and hold your employer accountable.
What Is a Hostile Work Environment?
A hostile work environment is a workplace where discrimination, harassment, or retaliation is abusive enough to become illegal under federal law.
Most rude or disruptive conduct isn’t considered a hostile work environment, especially in an isolated incident. The offending behavior must involve unwelcome conduct based on a protected characteristic such as race, color, religion, sex, national origin, age, disability, or genetic information. In addition, the conduct must be considered “severe or pervasive” to a reasonable person.
How to Prove a Hostile Work Environment
To prove a hostile work environment, you must follow several steps to build a strong case to prove a hostile work environment.
Collect Evidence
Taking notes immediately after each incident is the best way to begin documenting a hostile work environment. Be sure to record details like the dates, who was present, and the specific details of what occurred.
The record you create can serve as a crucial backbone of support for your case. You can supplement your notes with testimony from witnesses, written messages or workplace communications, official documents, and other evidence.
Report the Behavior
It’s best to take your evidence to human resources before exploring external reporting options. Reporting the behavior internally gives your employer the chance to resolve the issue without outside intervention and creates a record of your efforts should it fail or refuse to address your hostile work environment.
File a Claim
If the hostile work environment persists after making an internal report, the next step is to file a claim with the federal Equal Employment Opportunity Commission or the appropriate agency in your state. The EEOC is responsible for enforcing Title VII of the Civil Rights Act of 1964, the landmark federal law that grants workers legal protection from harassment and discrimination at work.
You may file a charge with the EEOC by visiting its website. You can also begin the process over the phone, in person at an EEOC field office, or through a signed letter.
Seek Legal Assistance
An experienced employment lawyer can take all the guesswork and unnecessary stress out of reporting a hostile work environment. Our attorneys can handle every step of the process. We’ll protect your rights and ensure the paperwork is filed properly and on time. We’ll collect all available evidence and assemble it into a strong case, giving you the best chance of success.
What Are Some Examples of a Hostile Work Environment?
Here are some examples of behavior that constitutes a hostile work environment:
- A woman has politely declined her co-worker’s repeated invitations to go out on a date. However, he continues to ask her and grows agitated with her refusals, making her feel uncomfortable and possibly unsafe.
- An employee who uses a wheelchair is subjected to bullying by co-workers based on his disability. After he asked his supervisor to end the behavior, his co-workers began ignoring him whenever possible, making him feel unwelcome in the workplace.
- A co-worker frequently refers to a transgender employee by incorrect pronouns. Despite gentle reminders and an explanation of his identity, the co-worker continues to intentionally misgender the employee, making him feel disrespected and unsafe due to the hostility.
- A remote employee feels uncomfortable when co-workers regularly share sexually explicit content and comments in the team’s chat system. However, after she shared her concerns, her co-workers pushed back and continued their behavior, which now makes her feel isolated and unheard.
How Do You Define Hostile Behavior?
A workplace must meet certain conditions to be considered a hostile work environment under the law. These include the following:
The Behavior Is Severe and Offensive
For conduct to create a hostile work environment, it must focus on a protected characteristic such as sex, race, gender identity, or disability status. Targeted harassment and discrimination can create a hostile work environment, as can retaliation for attempting to report abusive behavior.
The Behavior Is Constant
Under Title VII of the Civil Rights Act, harassment must be “severe or pervasive” enough that a reasonable person would find it abusive or intimidating for a hostile work environment to arise. Most isolated incidents are not considered severe enough to be illegal. Therefore, repeated, unaddressed behavior is a key component of many hostile work environments.
The Behavior Affects One’s Ability to Work
Conduct must impact the worker’s ability to perform their job to rise to the level of a hostile work environment. Such behavior creates toxic workplaces that can significantly disrupt the productivity of the affected employees, causing them emotional distress or making them feel unsafe.
What Does Not Count as a Hostile Work Environment?
Negative interactions with others in the workplace—such as having a mean boss or rude co-worker—can make employees uncomfortable without reaching the level of a toxic work environment.
Bullying, personal conflicts, preferential treatment, and other negative workplace behavior can be infuriating, but if it’s not based on a protected characteristic, it’s not necessarily illegal. If you’re experiencing hostile treatment at work and are unsure whether it’s legally actionable, our experienced employment law attorneys can help you understand your options.
What Should Employers Do To Prevent Hostile Work Environments?
Companies can take decisive action to prevent and resolve hostile work environments. Some potential steps include the following:
- Holding sexual harassment prevention training and other seminars aimed at identifying, avoiding, and responding to toxic workplace behavior
- Revamping company policies and best practices to ensure accountability and proactive measures to combat harassment and discrimination
- Update and openly display the company’s vision and mission statements to reflect a commitment to maintaining a healthy and safe workplace
Contact Joseph & Norinsberg For Your Employment Law Cases
You have a right to a workplace free of harassment, discrimination, and retaliation. The skilled employment lawyers with Joseph & Norinsberg can help you prove your hostile work environment claim and get the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
