10 signs you may be in a hostile work environment are if you or others are being subjected to:
- verbal abuse such as extreme ridicule or sarcasm, derogatory language, bigoted language or slurs (particularly if you belong to a protected class)
- inappropriate humor
- displays of offensive objects or images
- physical attacks or threatening statements
- harassment
- discrimination
- coercion
- consistently aggressive behavior
- (cyber)bullying and victimization
- frequent complaints and threats of discipline
Furthermore, this behavior has to be serious, continuous, and pervasive enough to disrupt your ability to work.
This list is not exhaustive, however. Plus just because some of these criteria are met does not automatically make it a hostile working environment. Courts have stressed that it is a very factual inquiry.1
Here at Shouse Law Group, I have represented countless clients who were victims of hostile work environments. In my experience, we can usually negotiate with your employer and achieve both an end to their offending behaviors and a large financial settlement for you—all without having to go to trial.
Below I answer frequently-asked-questions about hostile work environment laws in California. Also listen to our informative podcast:
What is a hostile work environment?
A hostile work environment is a workplace where inappropriate behavior is severe or pervasive enough to amount to workplace harassment.
That behavior targets you for being in a protected class. While many hostile work environment claims are for sexual harassment, behavior is inappropriate if a reasonable person with the targeted trait would find it
- offensive,
- intimidating, or
- hostile.
You do not necessarily have to suffer an adverse employment action, like a demotion. Simply being the target of hostile behavior that is
- severe or
- pervasive is enough for me to bring a successful lawsuit on your behalf.
According to one study, one in five Americans believe they are in a hostile work environment. “Bro culture” can often contribute to hostile work environments where women and LGBTQ employees feel targeted.2
What behaviors can contribute to a hostile environment?
The following behaviors have been deemed by courts to contribute to what qualifies as a hostile work environment:
- Sexually fondling you in the workplace,3
- A male supervisor’s sexual comments nearly every day about your clothing and appearance,4
- A male coworker simulating sex acts for you to see, as other male coworkers laughed,5
- Sexual, homophobic, or racial slurs that are directed at you,6
- Hanging a noose for you to see,7
- Forbidding employees to speak any language other than English, contributing to ethnic tension and making national origin a disadvantage in the workplace,8 and
- Persistent and harassing comments about your age, like calling you “grandpa” or “senile.”9
However, not all unwelcome conduct like this will create a hostile workplace. For example, the following types of offensive conduct may fall short:
- Isolated incidents of inappropriate behavior,
- Conduct that the target finds to be merely annoyances, rather than offensive,
- Swearing, when it is not directed at you because of your religion,10 and
- Minor but inappropriate conduct by coworkers that is quickly reprimanded by supervisors before it becomes pervasive.
A hostile working environment is one of the two types of workplace harassment recognized by state and federal employment law. The other is “quid pro quo” harassment.
Victims of hostile work environments can file a claim with the EEOC.
What is a protected class?
A protected class is a trait that you either cannot change about yourself, or should not be forced to change. State laws and federal laws, including Title VII of the Civil Rights Act of 1964, list these protected characteristics. They often include your:
- Race
- Gender
- Sex
- Sexual orientation
- National origin
- Genetic information
- Age (age discrimination is also covered by the Age Discrimination in Employment Act)
- Marital status
Offensive behavior that targets you for belonging to any of these protected classes can violate state or federal discrimination laws. On behalf of my clients in these cases, I file hostile work environment cases against both the harasser and the employer (if different).
What can I do if I’m in a hostile work environment?
If you find yourself in a hostile work environment, here are eight steps you can take before considering legal action:
- Document the incidents: Keep a detailed record of the hostile incidents, including dates, times, involved parties, and any witnesses. This information may be useful if you need to escalate the issue.
- Review company policies: Familiarize yourself with your company’s policies on harassment, discrimination, and reporting procedures. Follow the outlined steps for reporting the issue internally.
- Communicate with the offender: If you feel safe doing so, try to address the issue directly with the person creating the hostile environment. Explain how their behavior is affecting you and ask them to stop.
- Seek support from a trusted colleague or supervisor: Discuss the situation with a trusted coworker or supervisor who may be able to provide guidance or support.
- Report to Human Resources or a higher-level manager: If the issue persists or if you don’t feel comfortable confronting the offender directly, report the problem to your HR department or a higher-level manager. Provide them with the documentation you’ve collected.
- Utilize employee assistance programs: Many companies offer employee assistance programs that provide counseling and support for work-related issues.
- Consider mediation: If your company offers mediation services, this can be a way to resolve the issue with the help of a neutral third party.
- Explore alternative dispute resolution: Some companies have alternative dispute resolution processes, such as arbitration, which may help resolve the issue without legal action.
If nothing works, you always have the option of taking legal action (discussed below).
How can I file a claim?
As a worker in the United States, you have a right to a safe workplace. If someone’s harassment is making it offensive and hostile, you can invoke those rights.
Many anti-discrimination laws require you to report your experiences to your human resources department, first. Skipping this step can make it more difficult for you to hold your employer liable for the hostile work environment that they have fostered. Notifying the human resources department of the issues puts the employer on notice that there is a problem.
If the employer’s response is inadequate, you can turn to the Equal Employment Opportunity Commission, or EEOC. By filing a charge with the EEOC, you can trigger an investigation and bring your employer to mediation.
If the mediation does not resolve the issue, you can reach out to me for legal advice. We can discuss your claims and file a lawsuit in pursuit of the largest monetary settlement the law allows.
One of the biggest companies to face hostile work environment lawsuits is Uber, which agreed to pay substantial monetary damages to current and former employees who were victims of workplace sexual harassment.11
Additional Resources
For more information, refer to the following:
- How to Tell If You’re In a Hostile Work Environment – Discussion from Leaders.com.
- The Phenomenon of Workplace Bullying and the Need for Status-Blind Hostile Work Environment Protection – Scholarly article in Georgetown Law Journal.
- Gender-Based Harassment and the Hostile Work Environment – Scholarly article in Duke Law Journal.
- Dehumanization of older people: The evaluation of hostile work environments – Scholarly article in Psychology, Public Policy, and Law.
Legal References
- See, for example, Faragher v. City of Boca Raton (1998) 118 S.Ct. 2275.
- See, for example, Ellison v. Brady (9th Cir., 1991) 924 F.2d 872 (reasonable woman) and Abramson v. William Paterson College of N.J. (3rd Cir., 2001) 260 F.3d 265 (reasonable person of the same religion). One-fifth of Americans find workplace hostile or threatening, CNBC (Aug 14 2017). Oscar Raymundo, 5 Tech Companies Where Bro Culture Thrives, Inc. (Nov 25, 2014). How idle banter can easily become a toxic “bro-culture”, Plexus Leadership.
- Meritor Savings Bank, FSB v. Vinson (1986) 477 U.S. 57.
- Rosario v. Department of the Army (1st Cir. 2010) 607 F.3d 241.
- Ocheltree v. Scollon Productions, Inc. (4th Cir., 2003) 335 F.3d 325.
- See, for example, Daniels v. Essex Group, Inc. (7th Cir., 1991) 937 F.2d 1264.
- Williams v. New York City Housing Authority (S.D.N.Y. 2001) 154 F.Supp.2d 820.
- Garcia v. Spun Steak Co. (9th Cir., 1993) 998 F.2d 1480.
- See for example, Kelewae v. Jim Meagher Chevrolet, Inc. (8th Cir., 1992) 952 F.2d 1052.
- Rivera v. Puerto Rico Aqueduct & Sewers Authority (1st Cir., 2003) 331 F.3d 183. Harassment, EEOC (“[P]etty slights, annoyances, and isolated incidents (unless extremely serious)” do not qualify as hostile work environments.).
- Uber to pay $1.9m for sexual harassment claims, BBC (August 21, 2018).
