Although words like “hostile” and “toxic” get thrown around a lot when discussing work environments, a hostile environment is illegal. It’s marked by an offensive and intimidating atmosphere that can be abusive. Examples of behavior that could create a hostile work environment include harassment, victimization, discrimination, and violence.
Understanding your rights is important to help you deal with a hostile work environment, and possibly make positive changes to it so that everyone feels safe, regardless of gender, race, sexual orientation, or disability.
In this article, we explain how to define what is and isn’t a hostile work environment from a legal perspective, what it looks like in the workplace, and the steps employees and employers can take to deal with it.
How Can You Spot a Hostile Work Environment?
There are three criteria that define or prove a hostile work environment.
- Unwelcome and unaddressed conduct. Management doesn’t take action to fix the reported issue.
- Behavior that’s discriminatory in nature. Hostile work environment behavior is usually based on gender, race, religion, age, disability, or sexual orientation.
- It’s severe and pervasive. It tends to happen on a regular basis and can harm an employee’s wellbeing.
Understanding the above makes it easier to notice when conduct in the workplace could be creating a hostile environment. However, there are behaviors that, while being viewed as frustrating or annoying, aren’t considered hostile. These include:
- Unapproachable or cold communication styles.
- Loud laughter or disruptive chatter.
- Micromanagement.
- Negative attitudes.
- Office gossip.
- Demanding managers or bosses.
Although the above signs can point to a toxic or challenging work environment, they are not legally actionable. By comparison, hostile work environments are.
What are Warning Signs of a Hostile Work Environment?
A hostile work environment doesn’t happen overnight. It can take several weeks or months for it to develop and spread. There are usually signs that it’s brewing, such as the following:
- Co-workers or bosses who tell rude or discriminatory jokes.
- Lack of communication methods.
- Ridiculing or victimizing people.
- Threats of punishment.
- Power imbalances.
What Action Can You Take Against a Hostile Work Environment?
You have rights when dealing with a hostile work environment. If you find yourself in this situation, there are ways to protect yourself.
Know Your State Laws
It’s important to know how hostile work environment issues are dealt with in different states so you know what rights you have in your location. There are usually laws in place to protect employees against hostile work settings, but they vary.
Protection for people who report misconduct also varies. For example, in California, people who report issues might receive lost wages or be reinstated, but other states can have minimal protections in place.
Document the Misconduct
To help you strengthen your claim, you should document everything that’s happened. If your claim has to be investigated internally, a written record of the behavior will help you. This document should include dates when the misconduct happened and details about the incidents.
It should also mention:
- Names of the involved people
- Witnesses to the behavior (if applicable)
- How the incidents have affected you.
Other things to document include emails, texts, or voicemails that support your claims.
Read the Company Policies
It’s common for many companies to have specific processes in place should discrimination arise. It’s worth reading the policies to see how your claim will be dealt with before you file a complaint.
There will probably also be information about how to go about filing a complaint and who you should contact, so that you go through the correct channels.
Report the Misconduct
Once you know who to contact and what’s required, write a letter outlining your complaint. Explain the facts of the misconduct in a professional way, as this makes it more likely to be taken seriously.
Cooperate During an Internal Investigation
After filing a complaint, your employer might initiate an internal investigation. By ensuring you participate in it, you’ll increase your chances of a favorable outcome.
- Be honest and open during interviews.
- Provide documentation for your boss to review.
- Take legal action if your employer retaliates, such as by terminating your contract or demoting you.
How to Deal with Retaliation
If you’re dealing with retaliation from your supervisor or boss after reporting misconduct, you can overcome it by:
- Understanding your rights. It’s not legal for your boss to fire or demote you in this situation. Consulting with an employment lawyer can help you identify your rights.
- Documenting all communications. This will support your position.
- Avoiding heated reactions. You want to stay professional so that you’re not accused of misconduct.
How Can Employers Prevent Hostile Work Environments?
Employers can ensure that their workplace is collaborative, professional, and kind. They can do this in various ways, such as by:
- Drafting transparent anti-discrimination policies that are easy for everyone to understand.
- Setting up mandatory training so that everyone knows what is and isn’t acceptable in the workplace.
- Encouraging open communication. This makes it easier for people to raise concerns and report misconduct without fear of retaliation.
- Keeping an eye out for misconduct. Instead of waiting for employees to report misconduct, employers should pay attention to what happens in the workplace on a daily basis.
Should You Contact a Lawyer for a Hostile Work Environment?
After going through an internal investigation, you might not reach a resolution. You should contact an employment lawyer, who will help you navigate the process.
A lawyer will assist you in the following ways:
- They’ll explain if you’re dealing with a hostile work environment or not.
- They’ll clarify if there are any federal or state laws that have been violated.
- They’ll review all your collected evidence and file a charge with the Equal Employment Opportunity Commission (EEOC).
- They’ll file a lawsuit for you if required.
- They’ll assist you with drafting legal and professional complaints.
- They’ll help you take legal action if your employer is using retaliation.
On ContractsCounsel, an online legal marketplace, you can quickly connect with a vetted lawyer who has years of experience in assisting clients who have found themselves in hostile work environments and will be able to guide you.
