What Constitutes a Hostile Workplace?
A hostile workplace (often referred to as a "hostile work environment") is a form of harassment that occurs when discriminatory, unwelcome conduct in the workplace is severe and pervasive enough that it hurts an employee's ability to perform his job.
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Discrimination
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No federal law specifically defines a hostile workplace, but several anti-discrimination laws define and prohibit hostile workplaces formed on the basis of sex, age, race, disability, national origin, religion or genetics. For conduct to constitute a hostile workplace, it must be discriminatory. Rude or vulgar behavior that isn't directed toward a protected class of people does not make for a hostile workplace.
Unwelcome
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The workplace conduct must be unwelcome by the employee who alleges a hostile workplace. For instance, sexual advances by a co-worker could be considered welcome or unwelcome by an employee. An employee who carries on a long-term sexual relationship with a co-worker after a sexual advance might have difficulty showing that the sexual advance was unwelcome.
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Severity
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When courts consider a harassment case, they will consider the severity of the alleged harassment. The conduct in question must be considered severe enough to inhibit the employee's ability to do her job. If it is deemed severe enough, it might take only one instance of the conduct to constitute harassment. In a case cited by the Attorney General of the State of Missouri, a plant foreman forced a female employee's face to his groin in front of male co-workers. That action was considered severe enough on its own to constitute harassment.
Pervasive Behavior
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Employees exposed to unwelcome conduct on a regular basis could find themselves in a hostile workplace. An example is employees who are subject to slurs, insults or other offensive comments.
Exceptions
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Not all forms of a hostile workplace need to be based on one of the protected classes laid out in anti-discrimination law. If an employer singles out an employee for unfair treatment as retaliation for some other action, such as reporting illegal activity, that can be considered a hostile work environment. Also, it is considered a hostile workplace if an employee is a victim of wrongful termination, such as being fired for joining a union or reporting safety violations.
Regulation
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At the federal level, hostile work environment and other harassment claims are regulated by the Equal Employment Opportunity Commission (EEOC). However, according to EmployeeIssues.com, individual states may have their own discrimination and labor laws that could apply differently to an individual situation, and in turn might have a state equivalent of the federal EEOC.
Quid Pro Quo
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Another example of harassment, particularly sexual harassment, is "quid pro quo" harassment. Although a separate form of harassment from the hostile workplace, it is central to understanding the legal implications of harassment in the workplace. Quid pro quo harassment is simply when one employee provides a benefit to another in exchange for favors of a sexual nature. For instance, when a supervisor asks for sex in exchange for a promotion.
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