Sexual Harassment

Hostile Work Environment

Many elements may come into play in order for employees to consider their workplace "hostile." However, by definition, a hostile work environment is created by undesirable conduct that comes across as discriminatory harassment directed at a single worker or multiple employees. A hostile work environment can also be referred to as an intimidating work environment, offensive work environment, abusive work environment, or hostile workplace.

The person responsible for creating such a threatening atmosphere could be an employee (such as a boss or coworker) or even a non-employee (such as a customer or independent contractor). Nonetheless, it doesn't matter so much who this person is as long as they are causing an intimidating, distasteful, insulting, or hostile jobsite through discriminatory workplace harassment.

Federal legislation does not prohibit a hostile work environment, but discriminatory behavior contributing to this hostility is outlawed. This includes harassment based on race, color, religious beliefs, country of origin, disability, age, or sex that is relentless and persistent. Normally, employees are under the impression that they must tolerate a hostile work environment in order to hold onto their jobs.

Victims or witnesses can report a hostile work environment by filing a complaint with the Equal Employment Opportunity Commission (EEOC). It is a wise choice to enlist an attorney to help with the case. Most lawyers will take discrimination cases on a contingency basis.

Examples of sexual harassment that can contribute to a hostile work environment include:

• Gawking at someone in a sexually suggestive manner.
• Making rude comments regarding appearance (i.e. clothes, body parts).
• Contact that could make an employee feeling awkward (i.e. patting, pinching, or intentionally rubbing up against someone).
• Telling sexual or vulgar jokes, hanging lewd pictures, and making sexual gestures.
• Sending, forwarding, or requesting letters, notes, email, or images with sexual connotations.

Additional examples of non-sexual harassment that can lead to a hostile work environment include:

• Using disparaging words, phrases, and epithets in regards to race.
• Demonstrations poking fun at a certain race or ethnicity (i.e. gesture, picture, drawing).
• Commenting on someone's skin color or other inherent traits
• Making non-sexual derisive remarks about someone's gender.
• Teasing an employee about their religious beliefs or lack thereof
• Making prejudicial statements about an employee's birthplace or family heritage.
• Negatively commenting on the age of an employee who is at least 40 years old.
• Belittling allusions to an employee's mental or physical disability.