Off-color jokes, bullying, intimidation, sexual harassment, physical abuse, verbal abuse: All of these terms describe actions that are considered hostile work environment issues. There are no specific federal laws that specifically address hostile work environments, yet "hostile" actions do fall under the category of harassment or discriminatory actions in the workplace. The Equal Employment Opportunity Commission (EEOC) defines "harassment" as "... verbal or physical conduct that denigrates or shows hostility or aversion toward an individual ..."
The Issues
A work environment is considered hostile when the harassment is so pervasive that an employee is afraid of what may happen when he or she goes to work. The employee feels intimidated or harassed, or is subjected to abuse. Teasing or occasional comments that may be offensive are not considered harassing and therefore do not create a hostile environment, as long as they are not relentless or continuous. However joking or teasing, even if done occasionally, cannot include statements which are based on race, color, national origin, religion, age, sex or as retaliation. Sexual harassment appears to be the action most cited as creating a hostile work environment, followed closely by racial epithets.
The Bad Boss
Whether the hostility is created by another worker or by the boss, there is no law that requires people, even supervisors and managers, to treat one another or their subordinates in a civil manner. As long as no laws are broken, co-workers don't have to be nice. Sometimes the boss may believe he has to behave harshly in order to produce the necessary results. A hostile environment can sometimes be a matter of perception.
The Laws
Laws governing hostile work environment issues are not defined as hostile, but are for the most part categorized as discrimination. Age, race, religion and sex are the categories most people are familiar with, but there's also the Americans with Disabilities Act (ADA) of 1990.
One little-known law is based on credit worthiness. Many employers today will include a credit check during the process of checking a potential employee's background. But according to the Bankruptcy Act, it is against the law for employers to discriminate based on bad debts employees or job applicants may have had before filing bankruptcy. This in no way states that an employer is breaking the law if they do not hire someone who has bad credit and has not filed for bankruptcy.
Considerations
Determining whether or not to complain about your treatment in the workplace can involve several elements. Are you being treated in a way that may be considered discriminatory? Would most people categorize your treatment as sexual or racial harassment? Are any employment laws being broken? For instance, are you paid at least minimum wage and overtime pay for extra hours? Is your treatment the result of retaliation for reporting your employer or bad boss for violating any of the above?
Recourse
If you believe you have been the subject of treatment that falls in one of the protected categories, first follow your company's policy for reporting the problem. Generally, larger companies will have written guidelines for filing discrimination or harassment complaints. If you have taken the necessary preliminary steps but nothing has changed, you have additional recourse.
Consult a labor attorney; the initial consultation usually is free of charge. Report the problem to the EEOC or your state equivalent. If you are being forced to work in unsafe or unhealthy conditions contact the Occupational Health and Safety Administration (OSHA). For problems with wages, contact the Department of Labor.
