When Does a Work Environment Become “Hostile”?

Unlawful harassment in Florida employment contexts can take two separate forms: quid pro quo harassment (typically occurs in sexual harassment cases), and hostile work environment harassment, which can occur in a wide range of circumstances. In order for an employee to be eligible for a remedy for hostile work environment harassment, it will be necessary for that employee to prove that the work environment is “hostile” according to the definition used by the Equal Employment Opportunity Commission (EEOC).

When does a work environment become “hostile” such that an employee can file an employment discrimination claim? Consider the following information from our South Florida employment discrimination and harassment attorneys.

Defining a “Hostile” Work Environment

What makes a work environment “hostile”? According to the EEOC, a work environment becomes hostile when “unwelcome conduct that is based on race, color, 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) . . . is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

The EEOC clarifies that “petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality.”

To sum up, a hostile work environment is one in which both of the following are true:

• There is unwelcome conduct based on a protected characteristic or class (e.g., race, religion, sex, and many more); and
• That unwelcome conduct has resulted in a work environment that would be considered intimidating, hostile, or offensive to a reasonable person (and it typically requires more than one incident unless that single incident is particularly severe).

What Makes a Work Environment Intimidating, Hostile, or Offensive? 

What does it mean, exactly, for a work environment to be intimidating, hostile, or offensive? The following are Merriam-Webster definitions for each of those words:

• Intimidating: causing a loss of courage or self-confidence; producing feelings of fear or timidity;
• Hostile: having an intimidating, antagonistic, or offensive nature; and
• Offensive: giving painful or unpleasant sensations; causing displeasure or resentment.

If a reasonable person would experience the above based on unwelcome language or conduct that is based on a protected characteristic, it is possible there is a hostile work environment for which an affected employee can take action. Under federal law, a person who is targeted by the unwelcome conduct, as well as any other employee being impacted by the hostile work environment, can be eligible to file a claim.

Contact a Palm Beach Gardens Workplace Harassment Attorney 

Unlawful harassment in South Florida workplaces can take many different forms, and it can involve discriminatory language and behavior that can result in a hostile work environment. Whether you have been the target of harassment in your workplace, or you are working in a difficult environment that has become hostile due to the prevalence of harassment, you may be able to file a harassment claim. An experienced Palm Beach Gardens workplace harassment lawyer at Sconzo Law Office can talk with you today to learn the details of the harassment case and to provide you with additional information to move forward with a claim. Contact us today for assistance.

Sources:

eeoc.gov/harassment

merriam-webster.com/dictionary/offensive