What is a Hostile Work Environment?

health wellness

A hostile work environment is primarily a legal term used to describe a workplace situation where an employee cannot reasonably perform his work, due to certain behaviors by management or co-workers that are deemed hostile. Hostility in this form is not only a boss being rude, yelling, or annoying. It is very specific, especially in the legal setting when one is suing an employer for either wrongful termination or for creating an environment that causes severe stress to the employee.

There’s just a handful of ways in which you can define hostile work environment. Any act of sexual harassment on the part of bosses or co-workers can be viewed as hostile. Any act or remarks that are overtly discriminatory regarding age, race, gender, sexual orientation, or disability are also considered to create a hostile work environment.

The other way a hostile work environment may be defined is when a boss or manager begins to engage in a manner designed to make you quit in retaliation for your actions. Suppose you report safety violations at work, get injured at work, attempt to join a union, complain to upper level management about a problem at work, or act as a whistleblower in any respect. Then, the company’s response is to do all manner of things to make you quit, like writing you up for work rules you didn’t break, reducing your hours, scheduling you for hours that are in total conflict with what you can do, or reducing your salary. The company’s reaction can be viewed as creating a hostile work environment, one that makes it impossible to work and is an attempt to make you quit so that the employer does not have to pay unemployment benefits.

Lastly, overt hostility that threatens you physically are hostile work environments. If you really feel that you are at physical risk because of the behavior of another employee, specifically through violent behavior or threats of a violent nature, the employee’s manner is not only hostile but also potentially criminal.

When people find themselves in a hostile work environment, they may not know how to act or what to do. Actions should be determined by the degree of hostility. In the last example, if you truly feel a threat to your physical well being, it may serve you best to leave work and report the matter directly to the police. Such documentation can then serve you if you plan to sue the company or claim unemployment benefits.

In the first case, when discriminatory behavior is evidenced, or another employee acts in ways verging on sexual harassment, most experts in this field suggest that you act immediately. If someone tells a racist joke, let the person know that it’s inappropriate; if someone says anything of a sexual nature to you, ask him or her to stop. When the behavior continues, inform management, first with a documented letter, and second with a sit-down conversation.

Most companies have policies in place to deal with this type of behavior. When management fails to act appropriately, you can sue the company. Success in this type of lawsuit largely depends on not only how management failed to help but how you acted. If you respond with hostility in a hostile work environment, chances are your suit will be unsuccessful. Studies show that in court cases, your behavior is scrutinized just as carefully as management’s behavior.

When an employer is trying to make you quit by creating a hostile work environment, if you can hold onto your job, do so. It’s then important to make complaints about this employer either to upper level management or to government agencies that help people with discrimination or poor treatment in the workforce. These agencies can vary from city to city and from state to state. A good place to start is the federal US Department of Labor, which can direct you to these resources within your particular area. You may also consider working with attorneys that specialize in suing companies for these issues. You should first check with free sources, since suing a company can be expensive, and should you lose, you may be responsible for lawyer’s fees and court costs.

Related wiseGEEK articles

Category

New: Discuss this Article

Posted by: unisama
There's a situation in our workplace I am unsure about. To protect who I am/The other person; the Boss will be called "B" while the employee will be named "E"

both people started at this business in October. It's B's first time being manager and E's having a bad week in November. In November B writes a review regarding E's behavior and explains that there were 3 complaints against E in one day. E doesn't believe B but continues work anyway. B wrote a review included with the information explained. E improves quality to customers at this time but forgets to call in sometimes when E is going to be late to work. Those days B calls all phone numbers attached to E's application to find where E is at. E has found this method incredibly rude.

Last Sunday E went through B's file cabinet and pulled up their own file and found the review from November. E was still friendly towards customers but when no one is in the store would keep to himself and would not speak to B; nor clean, stating if B doesn't have to clean, neither should E. E feels this is the most respectful way of handling things.

Today B pulled aside E away from all other employees and customers. Both E and B feel like the other is causing a hostile work environment; As E felt B was trying to get he/she fired or to use for a later purpose while B feels E is aggressive in behavior towards him/her.

I am unsure who is in right in this situation or if it is both of us. If someone could please help that would be great!

Posted by: anon8690
I am the direct supervisor for an individual who has openly said she will have me fired. She has created many problems in our department and I have taken various actions to resolve these issues. I have group discussion where no one is singled out, I have talked to her one on one, I have had personnel talk to her and I have talked to her union steward. The latest incidents has resulted in her being issued a verbal warning. In retaliation she has threatened to have me fired, she has call me despicable names, she has tried to get other salaried employees to speak against me, she tries to rally the other employees against me which makes it extremely hard for me to do my job, and she went to my boss. No other employee who work for me has these kinds of issues. I feel I am trying to do my job and she is trying to intimidate me into ignoring her behavior. If I ignore her behavior then I am penalized when raises are issued, if I address her behavior she pulls me in the HR dept for harassing her. At what point is her behavior considered hostile? What action can I take to protect myself from accusations of harassment?
Posted by: glnez
I believe that B is the one who is at fault more than E. B is the supervisor and is responsible for making E feel anxious or uncomfortable. However, E did not have the right to go into B's office and pull out his file. He should have obtained permission to do so. There are two issues here, hostile environment and inappropriately entering an office and going through confidential files, despite they were his own.
Posted by: anon9334
I work with a woman who's behavior could best be described as "drama, drama, drama." I've tried to be friendly, but mostly just give her a wide berth, because she is a known gossip.

Recently, she had decided to humiliate me in front of customers. She makes statements like, "no one in this department likes you." "you think everything has to be your way." She will point out something and then ask me repeatedly, all day long, if I have taken care of this or that. If another co-worker offers to help me or tries to do something to help me, she berates them and tells them not to help me.

I dread going to work. I can't eat or sleep. I feel sick to my stomach all day and try to avoid her altogether. I've mentioned this to management and said, "This is so exhausting, and I'm really tired of it." Their response, "Yes, we're all tired of hearing about it, too." Even though I had only mentioned this on two brief occasions. This was their attempt to say, "Go away. We don't want to hear about it."

I'm a single parent with no support income. Is this a "hostile work environment??"

Posted by: kcroce
Everywhere I turn, I hear I do not have a discrimination case against my company because the person I feel Im being discriminated against is a woman. We have different job titles however our jobs are 85% the same. I however have been with the company 3 years longer than her. She makes 10,000 a more a year than I do. They pay all her utilities in her apartment....they only give me $100 allowance. They let her take more sick days than what is allowed in the handbook....and the list goes on. What do I do? Where do I turn? It has gotten to the point that I cry everyday when I leave work. I get sick to my stomach when I get to work. I have severe stress pains in my neck, head and chest. I simply cant take the pressure and dont know how to get out or where to get help.
Posted by: anon10417
Hello,

I work for a major company that is four years old. Currently we are experiencing some growing pains with the company's culture. I'm an African-American female (the first in Management - 45 in age) with this company. I've been in this industry for 25 year and well-respected in the industry.

An HR employee continues to dis-credit my ability to do my job (I may add I've been doing this job for 25 years before I started with this new company). She continued to bad mouth me with other Managers and high-level Executives.

Recently, several employees at my company are trying to form an union. They feel that the company is treating them fairly and I concur.

The other Management level personnel uses control, intimidation tactics to control their employees including this HR employee. She has internalized their behavior.

I feel that I'm in a hostile work environment in this new company. I'm documenting every behavior to man-kind.

Personally and respectfully, I just want to do what I love to do after 25 years. However, this HR person belittles, uses her power and control to prevent me from doing my job on a daily basis.

This HR employee never approaches me about any concerns with me. She continues to complain to my immediate boss about me instead of following the appropriate chain of command.

Is this a hostile working environment?

Please advise

Posted by: emartinez
My wife and I have both worked for the same NC company for 10+ years. It is a small company (60 employees). There are two owners of the company--serving as President and Vice President. Recently, the Vice President's wife died after a long illness. My wife reports directly to this partner. Literally as the VP's wife was dying, my wife moved out. Within two weeks of the funeral, she and the Vice President began openly dating and taking vacations together. I still have to work here and, obviously, do not feel free to voice my feelings in fear of job loss. What recourse do I have in an unbearable situation like this?
Posted by: LAPhoto
As a theoretical (of course), a Union Shop Stewart makes racial and sexual derogatory remarks towards a Supervisor at work. Since it is, theoretically, a subordinate making the remarks towards a Supervisor, could it be construed as a hostile work environment? The remarks have been ongoing since the Supervisor did not support a walk out during a Strike, if that has a bearing on the issue. Is there any case law about a subordinate creating a hostile work environment for a Supervisor?

Thanks, just trying to make the work place a saner one...

Posted by: ljsa8574
I have a question about a hostile work environment that i would like to ask about...i told my higher ups that i am pregnant and there is one lady who is the second in charge underneath the ceo who has been trying to find any little thing to fire me because she does not like the fact that i am pregnant and not married...we do not have a morals clause anywhere in out contracts...i am so stressed about the situation it is causing problems with my pregnancy...is this a hostile environment and what do i do about it...thank you for any response that are given...

FREE: Subscribe to wiseGEEK

 
    learn more

our strict privacy policy ensures that your email address will be safe



Written by Tricia Ellis-Christensen

copyright © 2003 - 2008
conjecture corporation