What constitutes a hostile work environment?
Due to the nuances of the law, making that determination is more of an art than it is an exact science. Consideration must be given to all of the facts and circumstances of each case, but no single factor conclusively decides the matter. That is because courts evaluate the facts from the viewpoint of the victim as well as from the perspective of a “reasonable person” in the same situation. Although these concepts are inherently vague, rest assured there are some elements that help guide you in evaluating a work environment that violates anti-discrimination laws. The Cause of Action Historically, the cause of action for “hostile work environment” discrimination stems from Title VII of the Civil Rights Act of 1964. This law prohibits an employer from discriminating against any individual with respect to the terms and conditions of their employment, because of race, color, religion, sex, or national origin. Harassment is a form of discrimination that can adversely effect a “term and condi
An Indiana employee of Hispanic descent was harassed at work so severely that he sued the employer for permitting a hostile work environment. A federal district court ruled in favor of the employer, the worker appealed to the circuit court, and the circuit court sent the case back to the lower court for reconsideration. And again the lower court ruled for the employer. Since then, it’s been déjà vu all over again. What happened. Tony Cerros told judges that co-workers had called him insulting names and scrawled offensive graffiti on restroom walls at Steel Technologies (Steel), where he worked. All the abuse, he said, was generated by his race and national origin. After filing a charge with the Equal Employment Opportunity Commission in 1996, he waited nearly 5 years for his case to go to court. There, judges ruled against his charge of discrimination (probably because he hadn’t experienced an adverse employment action such as termination or a pay cut). But they also ruled that his har
A hostile work environment exists when an individual is subjected to unwelcome comments or conduct based on race, color, national origin, sex, physical or mental ability, religion, medical condition, ancestry, marital status, age or any other protected category and those comments or conduct unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment.
