When you hear the word hostile, you probably think about someone acting physically aggressive toward others. While that’s one definition of the word, it has another, broader meaning in the term “hostile workplace.”
How much broader? According to a study by Harvard Medical School and the University of California, almost one in five US workers report experiencing conditions that meet the criteria for a hostile workplace. Just a fraction of those workers experience physical violence or threats.
That’s a shockingly large percentage of the workforce who are constantly exposed to mentally and emotionally damaging working conditions. You may even experience similar conditions yourself and not realize it. Below, we’ve broken down what hostile workplaces are, what behavior is required to meet the definition, and how to fight for better treatment from your employer.
What Is a Hostile Workplace?
According to the U.S. Equal Employment Opportunity Commission (EEOC), a hostile workplace is one where a person experiences “severe or pervasive” unwelcome conduct based on a protected characteristic that creates a “work environment that a reasonable person would consider intimidating, hostile, or abusive.”
This is one of two fundamental definitions of unlawful workplace harassment in the US. The other is that “enduring the offensive conduct becomes a condition of continued employment.” These do not need to coincide, though. In other words, if you are frequently or seriously harassed because of a protected trait, your employment does not need to be at risk for it to constitute a hostile workplace.
The definition of a protected characteristic depends on where you live. Federally protected traits include:
- Race and color
- Religion
- Sex, sexual orientation, gender identity, and pregnancy
- National origin
- Age of 40 or older
- Disability
- Genetic information and family medical history
Many states add additional traits, too. For example, California also recognizes:
- Ancestry
- Medical conditions outside of disability
- Marital status
- Gender expression
- Military and veteran status
- Caste
It’s important to note that only mistreatment based on these traits constitutes unlawful harassment. A working environment where people constantly yell at, insult, or mock each other may not be pleasant, but it’s not necessarily a hostile workplace. The harassment must be targeted, or it is workplace bullying, which is stressful but not illegal.
How do these issues become common? The type of people who harass others at work are often skilled at deflecting blame for their actions. They may brush off individual instances with the claim that it was “just a joke” or a “compliment.” Competent organizations that protect their workers’ rights will document reports over time to track whether one person or department is frequently the source of complaints.
In contrast, a charming but abusive person can convince negligent management or HR that there’s no problem or that the person who complained is the issue. That can quickly lead to a hostile environment because the harasser realizes they will not face penalties for their actions. This connection is why employers who permit hostile workplaces to develop are liable for the harm they cause to employees.
Examples of Behaviors That Constitute Hostile Workplaces
One reason hostile work environments remain so common is that many people don’t recognize potential harassment. Many forms of harassment seem relatively minor out of context, so they don’t immediately register as a legal problem. However, these issues add up over time. When small issues become “pervasive,” they can be grounds for a significant claim. These “minor” behaviors may look like:
- Unwanted physical contact: Grabbing someone, touching their hair or clothing, or making unwanted sexual contact are all frequently harassment.
- Offensive comments or gestures: Commenting on someone’s protected characteristics or making lewd or crude gestures despite requests that they stop are also harassment.
- Displaying offensive content: Items like racial caricatures, sexual images, and hate speech or symbols shown in the workplace often constitute unlawful harassment.
- Mocking, ridiculing, or “teasing”: Jokes are only funny if everyone laughs. If someone is the target of humiliating “jokes” or gossip because of their protected traits, they are being harassed.
There’s an important thread running through these examples: harassment must be both unwanted and severe or pervasive. A single offensive comment or physical contact is not enough to create a hostile environment unless it is significant, such as a threat or an active attack. Additionally, jokes, comments, and contact among consenting parties are not harassment because they do not harm anyone.
How to Stand Up Against a Harmful Workplace
Fear is another reason so many people continue to suffer from hostile work environments. If you are afraid you’ll lose your job or suffer other retaliation for taking action, it’s only natural that you would hesitate to report harassment. However, California and the federal government have a range of protections to ensure workers can hold their employers accountable for abuse without suffering retaliation.
If you think your employer is permitting an unlawful environment of harassment to persist, here’s what you should do:
- Document all communications and instances of harassment. Evidence of pervasive behavior is crucial for hostile work environment claims. Take pictures of offensive items displayed at work, write down dates and descriptions of in-person harassment, and save copies of emails that include harassment.
- Attempt an internal resolution if you feel safe doing so. It’s important to file an internal report about the harassment you’re suffering. This ensures that your employer cannot argue that it was unaware of the issues in your workplace. Even if it doesn’t end the harassment, your report starts a paper trail documenting the company’s refusal to address problems.
- Talk to an attorney. If your report doesn’t do anything, or if you face retaliation for bringing harassment to the company’s attention, you should talk to a skilled hostile workplace lawyer right away. They can help you file a claim with the EEOC or your state workers’ rights agency and pursue a lawsuit if necessary.
Don’t waste another day in a hostile and harmful work environment. Reach out to the expert employment law attorneys at the Law Offices of Todd M. Friedman, P.C., today to learn how we can help you fight back against toxic workplace harassment.
