A hostile work environment is a situation in which an employer or coworker's repeated actions make it impossible for an employee to perform his or her job duties. Though the term is specifically connected to federal laws in the US, similar terms are used for this type of situation in other regions, like "workplace violence and harassment" in the European Union, "workplace harassment" in Australia, and "workplace bullying" as a general term. There are several things that have to be proven to establish a legal claim about a hostile work environment in the US, since it is possible to have a hostile environment without it being illegal. Though laws vary regionally, employees and employers almost always have to respond in specific ways to claims of a hostile environment.
Types of Harassment
Many different types of actions can make a workplace uncomfortable, but only specific types of actions are considered harassment. This most often includes sexually suggestive comments, leering, or sexual e-mails; remarks about a person's age, race, gender, or personal beliefs; or remarks about a person's physical or mental disabilities. Any physical threats or sexual contact are also considered harassment. Though unpleasant, teasing and rudeness not related to these areas are usually not considered harassment.
Legal vs. Illegal
As counterintuitive as it may sound, some types of harassment are considered legal. To be considered illegal under US laws, the actions must be done to someone who is in a "protected class." This is a type of legal classification that varies from state to state, but is generally based on Title VII of the Civil Rights Act of 1964. The statuses that make up protected classes generally include race, gender, sexual orientation, military status, pregnancy, political affiliation, disabilities, and certain health statuses, like having Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS). Age comes into play as a protected class if the employee is over 40 years old.
If the harassment is not related to a person's protected class status, then it is usually impossible to establish a claim of an illegal hostile work environment. For instance, an employer could continually yell at an employee because she doesn't like the way he wears his hair, and it wouldn't be illegal, since having a certain type of hairstyle doesn't put a person in a protected class. If the employer made jokes about an employee's ethnicity or sent him sexually suggestive photos, then that would be a case of an illegal hostile work environment.
Another factor that comes into play is the concept of "at will employment." This is a legal concept in the US that means that unless a length of employment is specifically stated in a person's contract, then the employer can fire him or her at any time for any reason as long as it's not related to a protected class status. Additionally, the employee can quit or strike at any time for any reason. If a person is working at will and gets fired, even for something extremely trivial, he or she usually can't establish a claim of a hostile work environment unless the reason for the firing was connected to a protected class status.
Whether the actions are connected to a protected class or not, they generally have to be pervasive, which is usually taken to mean that the actions happen repeatedly and in such a way that the employee basically can't avoid them at work. Though this requirement is up to interpretation by a court, it's usually impossible to establish a claim of a hostile work environment based on a single incident. Additionally, there are time limits on how long after an event a person has to report an incident. The exact number of days varies regionally and according to the type of action, but is usually less than a year.
It's generally best for an employee to try to resolve any harassment directly at first by calmly telling the person that his or her actions are inappropriate, and that if they continue then it will be reported to a supervisor. If the employee is uncomfortable confronting the harasser, he or she can go directly to a manager or Human Resources (HR) worker. In the US, some companies have a designated person to deal with claims like this known as an Equal Employment Opportunity (EEO) officer. If the employee is uncomfortable taking the problem to anyone within the company, he or she can also contact the US Equal Employment Opportunity Commission (EEOC) directly via letter, phone, or its website. It's important to make sure that the business is under the jurisdiction of the EEOC before doing this, since some types of businesses, particularly those with very few employees, are not covered.
Once a supervisor or HR worker is informed of an issue, he or she will usually follow in-house procedures to try to resolve the issue first. If these don't work or if the employee files the complaint directly with the EEOC, then the EEOC will inform the employer that a complaint has been filed and will offer mediation services to both parties. If they choose not to participate in the mediation, then the EEOC will also give them the opportunity to settle out of court. If this still can't resolve the issue, then the employee can hire an attorney if he or she hasn't already to file a lawsuit.
If an employee makes a claim about a hostile work environment, regardless of whether it's true or not, an employer is required to do certain things. Regional laws vary, but they generally require businesses to have procedures in place for these types of claims. If an employee is aware of these programs and doesn't make use of them, then the employer may be able to avoid legal liability for the harassment by using the Faragher-Ellerth Defense. If a formal complaint is filed with the EEOC, then the business must keep specific employee records on file and available to the EEOC for a certain amount of time. The EEOC and similar agencies provide training and documentation to help employers avoid these types of situations and to resolve them if they occur.