Hostile Work Environment Explained
What is a hostile work environment? A work environment may be found to be "hostile" when managers or co-workers are engaging in any discriminatory behavior (i.e., behavior based solely on race, sex, religion, national origin, physical disability and age intimidation) or intentional ridicule and insult which is sufficiently severe or pervasive enough to alter the complaining worker's conditions of employment and which create a real "abusive working relationship." The harassment must be abusive objectively, as oppose to subjectively; and the injured worker who files the complaint also must experience it as abusive. "Hurt feelings" are not necessarily the same as experiencing objective "abuse in the workplace."
Factors that competent federal and state courts may use to determine whether or not the workplace environment is sufficiently hostile to justify bringing a hostile environment lawsuit will include some or all of the following facts:
- The frequency of the challenged conduct
- The severity of the challenged conduct
- Whether the challenged conduct is physical, verbal or both
- Whether the challenged conduct unreasonably interferes with a worker's job performance
- The effects that the challenged conduct has on the worker(s) or victims.
Contact our attorneys for a more detailed explanation of what is a hostile work environment or for an evaluation of your own potential hostile work environment case.
