It’s unlawful to be harassed in your workplace based on your identity attributes, such as race, skin color, age, gender identity, sexual orientation and national origin. If you are treated unfavorably based on these characteristics and the action creates a hostile work environment, you may have grounds to file a claim against the harasser.
So, what is a hostile work environment?
Severe or frequent harassment
An unwelcome behavior that is severe or frequent enough to change the conditions of your workplace, making it feel abusive, may be considered to have created a hostile work environment. Such conduct may make you feel uncomfortable, intimidated or scared at work.
You don’t need to prove that a harasser’s behavior was both severe and frequent. One is enough to build a case. The more severe a behavior is, the less frequent it may need to be for you to have a case. Less “severe” behaviors like pranks or comments may need to be frequent, as an isolated incident or offhand comment may not be considered unlawful.
A hostile work environment may also be described based on the status of the harasser. An unwelcome behavior from a supervisor or the employer can carry more weight than if the behavior was committed by a co-worker or customer.
Since a senior holds a position of power and authority, they can directly impact an employee’s work hours, duties, performance evaluation, and future in the company. Accordingly, the employee may be less likely to challenge their action, which can them feel more intimidated.
Further, an employee does not need to prove that harassment led to adverse employment action, such as being terminated, suspended or demoted, in a hostile work environment harassment claim.
If you believe a behavior at work created a hostile work environment for you, learn more about the matter to understand how to protect your rights.