A Hostile Work Environment

A hostile work environment occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment – a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed. A hostile work environment might be indicated by:

• Use of racially derogatory words, phrases, epithets;

• Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group;

• Comments about an individual’s skin color or other racial/ethnic characteristics;

• Making disparaging remarks about an individual’s gender that are not sexual in nature;

• Negative comments about an employee’s religious beliefs (or lack of religious beliefs);

• Expressing negative stereotypes regarding an employee’s birthplace or ancestry;

• Negative comments regarding an employee’s age when referring to employees 40 and over; or

• Derogatory or intimidating references to an employee’s mental or physical impairment.

A claim of harassment generally requires several elements, including:

• The complaining party must be a member of a statutorily protected class;

• S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;

• The unwelcome conduct complained of was based on his or her membership in that protected class;

• The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.

According to the EEOC, an employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

Workplace harassment is defined by law as behavior that, while offensive, is extremely serious because it changes the conditions of your employment or creates a hostile work environment. Harassment makes it makes it difficult for you to do your job.