People behave differently in the workplace, and some of those behaviors can be unlawful. A behavior is illegal if it creates a hostile work environment. So, what does a hostile work environment mean? And are you working in one?
Here is what you need to know:
Severe or frequent conduct
According to the U.S. Equal Employment Opportunity Commission (EEOC), a hostile work environment exists when harassment (unwelcome conduct based on one’s identity attribute) is so severe or frequent that a reasonable person in the same circumstances would find the situation abusive.
For conduct to be unlawful, an employee only needs to prove it was severe or frequent, not both. A single offhand comment about an employee’s age, gender, sexual orientation, race or any other identity attribute may not be considered discriminatory. However, frequent remarks can create a hostile work environment; hence unlawful.
Serious misconduct, such as threatening to physically harm an employee or touching an employee’s intimate body part, doesn’t need to happen frequently to be considered unlawful. One instance is enough to create a hostile work environment. The more severe a behavior is, the less frequent it must be to be considered unlawful.
Status of the harasser
The status of the harasser is, in some instances, considered when determining if a behavior created a hostile work environment for an employee. Harassment by an employer or a senior, such as a supervisor, is sometimes thought to carry more weight than that committed by a co-worker.
Harassment or discrimination can create a hostile work environment, interfering with an employee’s ability to perform their duties. If you believe you were a victim of a behavior that made you view your workplace as hostile, obtain more information to understand your rights.