Hostile Work Environment and Employment Discrimination

In a legal set up, hostility is very specific, especially if the employee is suing his or her employer for either creating a stressful environment or for wrongful termination. Therefore, hostile work environment can be defined as an act of sexual harassment on the part of co-workers or bosses, or an act carried out or any remarks made that could be portrayed as discriminatory with regards to gender, age, sexual orientation, race or disability also contribute towards creating a hostile environment.

All sorts of factors might create what employees deem to be a typical 'hostile work environment'. However, in the legal sense of the matter, this environment is created by unwelcome behavior in the workplace and this takes place in the form of discriminatory harassment that is directed towards one or more employees. Here, the situation is also called by other names, like: offensive work environment, hostile workplace, intimidating work environment and abusive work environment.

Workplace Harassment and How to Handle It

When you find yourself stuck in an unpleasant situation, you'll probably not know what to do or how to act. First things first, every action should be analyzed and determined by the level of hostility. So, if you are feeling threatened in any way, whether to your physical well-being or mental stability, your best option would be to leave work and report the matter to the authorities. On the other hand, if any form of discriminatory behavior is noticed, or a co-worker acts suspiciously, then experts in the field will tell you to act immediately. If someone has a habit of cracking racist jokes, then it is advisable to tell the person that it is inappropriate.

Most companies and workplaces have policies that deal with workplace harassment. However, if the management fails to act on time, then you can sue the organization. But keep in mind, a successful lawsuit not only depends how inappropriately the management reacted, but it also depends on how you act. If you are going to respond in a hostile manner, then the chances of your lawsuit being successful will be slim. Remember that your behavior will be scrutinized just as closely as the management's behavior.

If by any chance, your employer is forcing you into quitting by creating such an environment, then the wise thing to do is to hold on to your job. Start by complaining about the concerned employer to the upper level management. What's more, there are various government agencies that help people suffering from poor treatment and discrimination in the workplace. Depending on the city or the state, these agencies will vary. A good place to go to is the US Department of Labor that will help by directing you to other resources in your area.

Factors Established When Filing a Suit

An employee with a workplace harassment claim must first establish these facts:

• The harassment was solely based on sex and sex related issues
• He or she has been subjected to an unwelcome act or acts of sexual harassment.
• The harassment affected in some way the terms, conditions or privileges of employment.
• He or she belongs to some sort of protected class.
• The employer should have known or knew of the harassment and failed or refused to take any remedial actions.

Conduct on behalf of the management or employer that creates such environment must first be pervasive or severe. An objectionable working environment must be objectively and subjectively offensive. Whether the environment is abusive or hostile entirely depends on the circumstances, mainly focusing on issues like severity, frequency and degree.

All in all, a hostile work environment is a form of employment discrimination and can be extremely unpleasant for the person suffering from it. Taking action is the only way out.