Five Facts About Hostile Work Environments

posted by Charles Joseph  |  Jul 26, 2019 10:31 AM [EST]  |  applies to New York

A hostile work environment harms employees. When offensive comments, toxic images, or other forms of harassment disrupt the workplace, it violates employees' rights. Multiple laws protect employees from hostile work environments. However, there are many misconceptions about what qualifies as a hostile work environment. Here are five facts to know about hostile work environments. 

1. Hostile work environment laws ban workplace harassment

Hostile work environments violate workplace discrimination laws. These laws exist at the federal, state, and local level to protect employees from discriminatory treatment in the workplace. 

However, these laws do not cover all forms of harassment that may occur in the workplace. They only apply to harassment that targets certain groups or characteristics.

2. Harassment must target a protected class

Hostile work environment laws only cover harassment that targets a protected class. This includes harassment based on race, gender, religion, age, national origin, and disability status. State and local laws protect other classes, including marital status and caregiver status.

A coworker swearing in the workplace does not violate hostile work environment laws – unless the swearing targets a protected class.

3. Anyone can report a hostile work environment

While harassment must target a protected class, anyone can report a hostile work environment – not just members of the targeted group. For example, a boss complaining about a religious group can create a hostile work environment for everyone in the workplace, not just members of that religious group.

Similarly, men can report sexual harassment targeting women when it creates a hostile work environment. 

4. Anyone can create a hostile work environment

Some believe that only a supervisor can create a hostile work environment. However, the law applies to everyone in the workplace, including coworkers and supervisors in other departments. Even non-employees like vendors can create a hostile workplace.

Harassment by anyone in the workplace can qualify as a hostile work environment.

5. The standards for a hostile work environment vary by state

Under federal law, workplace harassment must be severe or pervasive to qualify as a hostile work environment. Courts have interpreted the standard to mean that a single toxic remark or slur often doesn't rise to the level of a hostile workplace.

But state and local laws can modify the standard, making it easier to prove a hostile work environment. For example, in New York state, actions or behaviors that rise beyond a "petty slight" or "trivial inconvenience" can create a hostile work environment. 

Because the standards vary, it's important to consult an employment lawyer about your case. In the New York area, contact Charles Joseph for a free consultation to determine whether you have a hostile work environment case.

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