A supervisor or coworker who routinely antagonizes most or all employees in the workplace, regardless of who they are, will likely not be found to be creating a hostile work environment. This is a hard pill for many employees to swallow, particularly those who find themselves stuck in such volatile workplaces.As discussed above, a hostile work environment can only exist where the conduct allegedly targets a specific protected class or classes.If you found this post beneficial, you might also like 7 Signs it’s Time to Ditch Your Toxic Employer.
For workplace conduct to be deemed severe or pervasive, a court or investigating agency will utilize a “reasonable person” standard, asking whether a reasonable person would consider the alleged conduct to be intimidating, hostile or abusive.
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
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.
As a legal practitioner, I can’t count the number of times I’ve had to clarify exactly what constitutes a hostile work environment.
When it comes to employment discrimination, there are several laws intended to protect employees.
— A version of this article originally appeared on Fairygodboss. This blog does not provide legal advice and does not create an attorney-client relationship.