What Constitutes a Hostile Work Environment

Are you interested in learning more about what constitutes a hostile work envrionment? Educating yourself about this serious workplace issue can help protect you, your co-workers, and your employer.

Understanding Hostile Environment Harassment

Understanding What Constitutes a Hostile Work Environment

Whether you are a manger, business owner, or employee, it's important to understand what constitutes a hostile work environment. It's essential for all members of a company's staff to be aware of their rights and responsibilities when it comes to keeping the workplace free from conduct that is, or could be construed as, hostile environment harassment.

In some cases, workers who are guilty of behaviors that create a hostile work environment are fully aware of what they are doing. However, this is not always the case. In many cases, hostile work environment harassment occurs when there is no true intent to behave in a manner that is inappropriate. Employees who do not truly understand what this type of harassment is frequently exhibit behaviors that have the potential to be perceived as offensive or intimidating to co-workers.

Hostile Environment Sexual Harassment

Sexual harassment is a serious problem in the modern workplace. There are two types of sexual harassment: quid pro quo harassment and hostile environment harassment. The first type occurs when a supervisory employee promises something to an employee as an exchange for sexual favors.

Most people recognize that quid pro quo behaviors are being truly harassing. What is less commonly understood, however, is hostile environment sexual harassment. This type of harassment occurs when unwelcome behavior of a sexual nature results in unreasonable interference with job performance or if the conduct creates a working environment that is offensive, intimidating, or hostile. It can be caused by employees at any level, as well as vendors and agents acting on behalf of the employer.

Examples

Any behaviors that can be construed as sexual in nature or that involve treating co-workers or employees differently because of their gender can create a hostile environment in the workplace.

• Repeatedly asking a co-worker on a date once the individual has said no
• Requests for or advances toward sexual favors
• Remarks, gestures, or noises that can be considered vulgar
• Sexual innuendos and suggestive comments
• Sexually oriented innuendos, jokes, teasing, and eye contact
• Comments or compliments about a person’s clothing, body, or appearance that can be construed as sexual
• Physical contact with a co-worker
• Written, spoken, or electronic communication that is sexual in nature
• Displaying sexually suggestive images or materials
• Using terms like sweetie, honey, doll, baby, hunk, beefcake, etc. to refer to co-workers
• Perpetuating stereotypes about men or women
• Many other inappropriate behaviors

Other Types of Hostile Work Environment Harassment

The creation of a hostile work environment does not have to be related to sex. This type of harassment can occur in the workplace any time that inappropriate or offensive remarks or made or actions are taken regarding any characteristic of an individual defined by the Equal Employment Opportunity Commission (EEOC) as a "protected class".

The defined protected classes are:

• Color
• National origin
• Race
• Religion
• Age
• Sex

Examples

Behaviors that may be considered intimidating or discriminatory toward individuals on the basis of any protected class characteristics can create a hostile work environment.

• Telling jokes about religion in the workplace
• Using derogatory remarks about a person's ethnicity or race
• Making fun of employees for the practice of their religion
• Refusing to make reasonable accommodations based on religious beliefs
• Making statements about the color of coworkers skin
• Referring to a co-worker as an "old hag" or other terms that reference age in a negative manner
• Denying older workers access to training because they are "too old" or "about to retire"
• Scores of additional inappropriate actions

Who Can Be Harassed

Anyone who works in a place of business where behaviors that fit the description of what constitutes a hostile work environment are taking place can be the victim of this type of harassment. The fact that harassment was not intended, if that is the case, is still not a defense against these types of behaviors.

As an employee, you need to take steps to protect yourself. First, learn more about what actions can create this type of problem at work and take steps to avoid exhibiting any problem behaviors. Second, learn your company's sexual harassment prevention policy and follow it diligently. If you become aware of any problematic situation, bring it to the attention of management immediately.

If you are a supervisor, be aware that it is your responsibility to take action once an allegation of harassment has been made. Follow your organization's harassment policy to the letter. Doing so will protect you and your employer in the event that an EEOC investigation or other legal proceeding is launched.

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