What Is Considered a Hostile Work Environment?

by Kyla Golding and Rrita Osmani

What Is a Hostile Work Environment?

A hostile work environment is more than just a toxic atmosphere—it’s a legal standard defined by the severity and frequency of harassment or discrimination based on protected characteristics like gender, race, or age.

According to the Equal Employment Opportunity Commission (“EEOC”), and as defined by law, a hostile work environment exists when harassment or discrimination is so pervasive that a reasonable person in the employee’s position might find the circumstances to be abusive.

Offensive conduct that creates a hostile work environment may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance—on a severe or frequent basis.

Types of Behavior That Contribute to a Hostile Work Environment

A hostile working environment can be cultivated by a in a few different ways:

Hostile Workplace Behavior

Objective hostility serves as critical pillars of any prima facie hostile work environment claim. Whether conduct can be considered objectively hostile such that it wholly enables a hostile work environment depends on a variety of factors such as, but not limited to: frequency and severity of the harassing conduct, physical threat, severity of humiliation, interference with an employee’s work performance, psychological harm, as well as any power disparity between the victim and the harasser.

Discrimination Based on a Protected Class

Willful discrimination based on a protected class is one of the key elements of a hostile work environment, and a hostile work environment claim. Behavior that discriminates between workers violates several federal laws, notably Title VII of the Civil Rights Act. Conduct can be considered discriminatory if the hostile behavior is based on race, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).

Harassment That Constitutes a Hostile Work Environment

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, (“ADEA”), and the Americans with Disabilities Act, (“ADA”). Like discrimination, harassment can be defined as unwelcome conduct that is based protected characteristics such as on race, religion, sex, sexuality, and more. Even more, harassment can come in many forms of behavior—inappropriate sexual suggestions or conduct, derogatory displays or speech, mocking or mimicking others’ characteristics, just to name a few. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

When Does a Hostile Work Environment Become Legally Actionable?

These primary indicators of a hostile work environment must occur in a targeted pattern that is pervasive enough to constitute an abusive or hostile work atmosphere. Any scenario of hostility, discrimination, or harassment would need to be either an isolated, single, severe event, or repeated, consistent, conduct over time to constitute a hostile work environment claim.

Several questions can help to determine whether workplace conduct fits the criteria to constitute a hostile work environment. For example, Was the harmful behavior targeted towards your protected class? How often did this conduct occur? Would a reasonable person find this behavior offensive or cruel?

How to Document a Hostile Work Environment

Information and documentation are also helpful and sometimes necessary elements when considering pursuing action regarding a hostile work environment. Keeping accurate records of incidents may be helpful to any action you consider taking. Accurate records encompass information such as dates and times, witnesses, documentation (i.e. signed contracts, agreements, performance reports), as well as any or all communications across platforms (emails, screenshots, slack messages, etc.) that may demonstrate any violations, inappropriate conduct, adverse actions, hostility, harassment, or discrimination that have occurred with severity or frequency. Witness testimonies can also be helpful in reinforcing that hostile work environment conduct occurred.

Legal Help for Hostile Work Environment Claims

Whether an employee chooses to notify their employer about hostile work conduct, file an EEOC complaint, or pursue federal or state civil action, there are several avenues for reporting hostile and abusive work conditions. For former or current employees, you should consider speaking to an employment attorney as soon as you think something is wrong or off with respect to treatment by your employer or workplace conditions to explore your rights and options. Don’t hesitate to seek out and/or hire an employment lawyer if you feel your rights have been violated in any way or if you feel you have been subject to hostile work conditions.

Contact Miller Shah for Hostile Work Environment Representation

The attorneys at Miller Shah can offer legal assistance when it comes to labor and employment litigation. The legal team at Miller Shah LLP has extensive experience representing labor and employment matters, including discrimination and harassment, and more. If you have any questions regarding this subject or this post, please fill out a form or call us toll-free at (866) 540-5505.