There are no federal laws that specifically deal with the term "hostile work environment." Instead, federal laws refer to a working condition that is made unpleasant because of discriminatory behavior, described as acts that are not welcome or are offensive to persons who are part of a protected class.
Discriminatory Work Environment
Federal laws on discrimination, including Title VII of the Civil Rights Act of 1964, protects persons based on race, religion, age, sex, ethnicity, disability and color. Offensive comments or actions, intimidation or abuse based upon any of these protected classes can create a work environment that is subject to legal action.
Discriminatory Behavior
The behavior must be offensive and unwelcome to be discriminatory. The offender can be a boss, a co-worker or a regular customer. It must be specifically directed to an employee or a group of employees based on class. For instance, a bullying boss who bullies everyone is not discriminatory. However, if he only bullies women, then he is creating a hostile work environment subject to legal action. In addition, the behavior must be recurring, intentional and severe enough that it interferes with the employees' job performance. A single isolated incident or an occasional offhand comment does not qualify. The only exception to this is sexual harassment.
Sexual Harassment
There are some extenuating circumstances for defining sexual harassment as discriminatory behavior. It takes only one instance, where a person of authority attempts unwelcome physical contact with a subordinate, to qualify as a discriminatory act. The reasoning is that such an attempt could immediately alter the subordinate's work environment and have negative effects on their employment.
Filing a Complaint With the Employer
The first step that should be taken if you believe you are being discriminated against is to file a complaint with your employer. Review your employer's anti-harassment policy and, if possible, provide appropriate documentation of the harassment, such as when it happened, what was said or done, and if there were any witnesses.
Filing a Complaint With the Equal Employment Opportunity Commission
If you feel that your complaint to your employer has not been dealt with properly, and that you must submit to the harassment to keep your job, file a complaint with the EEOC. While there may be state laws prohibiting discrimination in the workplace, contacting the EEOC should be your first step.
