How to Determine the Criteria for a Hostile Workplace
Even though you may not get along with your co-workers or your boss, this is not what is meant by a hostile workplace. A hostile workplace is a legal term where discrimination or harassment is used in the workplace. While there is no federal "hostile workplace" law, according to EmployeeIssues.com, certain behaviors are prohibited under federal discrimination laws.
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Instructions
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Determine if you have been a victim of sexual harassment. If your boss or supervisor threatens to fire or not promote you unless you have sex with him, that is called quid pro quo harassment and is illegal under federal discrimination laws.
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Decide if co-workers have sexually harassed you. No one has to tolerate sex jokes, emails, screen savers, posters, views of pornographic websites on co-workers' computers, sexual conversations, or physical contact at work. If a reasonable person finds this offensive, then the courts may agree with you.
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Conclude if your manager is taking steps to correct a hostile workplace environment. Even if your boss is not doing anything inappropriate, if he knows a hostile workplace environment exists with his staff and he does nothing about it, he or the company can be held liable.
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Report demeaning behavior to the human resources department or to your boss. Any behavior that demeans you based on your race, gender, religion, nationality, age, disability or sexual orientation is harassment and constitutes a hostile workplace environment.
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Determine if state laws or federal laws will better protect you. According to EmployeeIssues.com, employees are usually protected by whichever law is stronger. Check with your state labor department or your state government office to see what your state's labor laws are.
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Hire a lawyer. If you are unsure if your rights were violated, you may want to consult with a lawyer before taking any action against your company.
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Tips & Warnings
The U.S. Equal Employment Opportunity Commission (EEOC) lists and enforces many discriminatory practices that are prohibited by law. Title VII under the Equal Employment Opportunity Law specifically prohibits sexual harassment and pregnancy-based discrimination.
