by Deborah S. Hildebrand

Created on: December 09, 2009

Just to be clear, a hostile work environment exists when an employee fears going to work due to workplace harassment that creates a difficult and oppressive work environment and which they feel they must endure to stay employed. The ultimate result may lead to loss of employment status or benefits. The inappropriate conduct does not have to be directed at you. You merely need to be affected by it.

Before discussing an employee’s rights it is probably best to understand exactly what the phrase “hostile work environment” does and doesn’t mean.

Understanding Hostile Work Environment

A hostile work environment occurs when there are unwelcome verbal and/or visual behaviors that unreasonably interfere with an employee’s ability to work or which create an intimidating or offensive work environment. While this type of conduct more often tends to be sexual or race-related in nature, it is illegal regardless of which legally protected characteristic (i.e. age, religion, disability) is involved.

Behaviors may include things such as leering, touching, sexually offensive or derogatory remarks, lewd jokes, sending offensive emails, inappropriate pictures or drawings and more. In addition, workplace violence may be considered as part of a hostile work environment. Overt hostility that places you at physical risk due to the behaviors of another employee, especially if they involve violent behavior or threats of violence, can create a hostile work environment.

Keep in mind that the behavior has to be “sufficiently severe or pervasive” or the conduct must result in a change in employment status or benefits, such as a demotion, termination or undesirable reassignment. Therefore, things such as simple teasing, an offhand comment, or isolated incidents not considered serious generally are not covered. However, it is up to the law to determine the severity of the offense.

What Employees Can Do about a Hostile Work Environment

The best course of action, when dealing with a potential problem, is to act swiftly and not wait for another incident. That means when you observe inappropriate behavior or hear an off-color remark, tell the offender that what they are doing is inappropriate and offensive, and ask them to stop.

If the behavior continues, notify your immediate supervisor either verbally or in writing and document your action. In fact, one of the best plans is to notify your supervisor verbally and then follow up with a confirmation email about the discussion.

Next, understand your rights. Speak with your human resources department or other company representative to better understand your organization’s anti-harassment policy and what you can do to protect yourself or get assistance in eliminating the situation.

Finally, before reporting your situation to an outside party such as the Equal Employment Opportunity Commission (EEOC) or a state agency, you may want to discuss your situation with an attorney. An attorney will be able to better determine in advance if you have a case and advise you as to which steps you should take next.

The whole idea is that your work environment should be one in which you can work comfortably and free of any undue harassment or hostility. And while things may not always be perfect, it is important to understand your rights and responsibilities in dealing with a hostile work environment.

Learn more about this author, Deborah S. Hildebrand.
Click here to send this author comments or questions.