What Is a Hostile Work Environment?
Statistics show that one in five people in the United States experience a hostile work environment. In reality, avoiding difficult and annoying coworkers is nearly impossible. However, you are entitled to a respectful workplace and shouldn’t feel humiliated or in danger throughout your workday.
An annoying workplace is one thing — but can turn hostile in the event that you experience harassment or discrimination. Federal and Ohio employment laws protect Ohio residents from hostile work environments.
You may have a case if your manager, supervisor, or coworker harasses you to the extent where you fear for your safety, are unable to perform your job well, or feel obliged to quit. If this is the case, speak to an Ohio employment lawyer at Hux Law Firm to explore your legal options.
An Overview of a Hostile Work Environment
The U.S. Equal Employment Opportunity Commission (EEOC) explains on its website that creating a hostile work environment or allowing one to continue without trying to improve the situation is a form of unlawful harassment. The commission then states:
“Harassment becomes unlawful where enduring the offensive conduct becomes a condition of maintaining employment, or the behavior is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”
The term “severe or pervasive” is essential. One-time jokes, gentle teasing, and friendly conversations are not considered harassment under the law. A racist insult, for example, will not be punished even though it is cruel and offensive if it is only used once.
Examples of a Hostile Work Environment
You have the right to a workplace that is free from harassment. It includes protection from both verbal and physical abuse. The following are examples of behavior that may create a hostile work environment:
- Repeatedly telling offensive jokes
- Dissemination of improper pictures, emails, videos, and text messages
- Demanding sex in return for a favorable workplace or preventing a negative workplace impact
- Regularly making sexual or demeaning remarks about someone’s appearance
- Physical bullying of people
- Touching someone without their consent, even if contact is not sexual
- Mocking people with physical or intellectual disabilities
- Mistreating people who suffer emotional distress or mental illness
- Insulting people frequently, especially while using crude and foul language
- Deliberately sabotaging a coworker or subordinate
What Is a Protected Class?
Cases involving hostile work environments are complicated. First, you must prove that being a member of a protected class made you the target of unwanted harassment.
Generally, harmful and offensive comments or actions are regarded as hostile when they target a protected class based on:
- Race
- Color
- Nationality
- Religion
- Sex
- Gender identity
- Sexual orientation
- Pregnancy
- Age
- Disability
- Genetic information
Who Can Report a Hostile Work Environment?
You can report a hostile work environment if you are the direct victim or feel anxious and uncomfortable because of the behavior directed at another person (often a co-worker).
Inform your employer immediately if you believe you are working in a hostile atmosphere, and make sure you document your report for evidential purposes.
Ohio Employment Laws That Protect You
The following laws protect you from harassment that leads to a hostile work environment:
Title VII of the Civil Rights Act of 1964
It is illegal to insult, bully, mistreat, or discriminate against workers and job applicants based on their sex, race, skin color, ethnicity, national origin, or religion. Additional rights against sexual harassment were added under a law referred to as Title IX, which applies to schools and educational programs that accept federal funds.
The Age Discrimination in Employment Act of 1967 (ADEA)
The ADEA bans employers from writing job descriptions that specify or imply that only younger people should apply. It forbids the discrimination and harassment of employees and job seekers older than 40. The ADEA prohibits employers from pressuring more senior employees to change occupations or retire when they reach a specific age unless they can demonstrate that the employee’s advanced age makes it impossible for them to perform the duties of their current position.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act and its subsequent amendments guarantee that employees and job applicants with disabilities can request reasonable accommodations — and carry out their duties to the best of their abilities without fear of penalties or exclusion from employment opportunities.
The ADA requires businesses to consider accommodation requests and consult with workers or job seekers about what may be done without changing the nature of a job, unfairly impacting other co-workers or employees, or incurring high costs.
If You Work in a Hostile Workplace Environment, We Can Help
If you’re working in a hostile environment caused by harassment or discrimination, ensure that you seek help as soon as possible. Over time, evidence can be lost or destroyed, and witnesses’ memories can fade — making it harder to seek legal retribution.
Hux Law Firm can fight for your rights and hold your employer accountable for infringing them. We can also provide insight into what causes a hostile work environment and how to stop it. Contact our office today to schedule a free initial consultation.
