It is difficult to nail down exactly what constitutes a hostile work environment, as some of the criteria are subject to interpretation. It is also fair to say that some language or examples that may not have qualified in years past do now. So, how do you know what qualifies as a hostile work environment, and how do you protect yourself?
What Is Needed to Prove a Hostile Work Environment?
To qualify for the level of a hostile work environment, several variables must be present, such as:
It is the result of a protected trait, such as race, age, sexual orientation, disability, or nationality. Since the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the New Jersey Law Against Discrimination protect employees from discrimination, it is safe to say that anyone who suffers slurs or harassment based on such characteristics should not be tolerated.
It is severe and pervasive. Typically, one incident is not enough to make a case for proving a hostile environment. The rule of thumb is that a reasonable person of the same protected class feels the work environment has become hostile and abusive. However, it is not out of the realm of possibilities that one incident could lead individuals of the same protected trait to feel as though their job is in jeopardy if they were to report the abusive behavior.
It alters the conditions of employment, and the working environment is hostile or abusive. If an individual feels intimidated from whistleblowing or reporting violations for fear of retaliation, a case could be made supporting a hostile workplace.
What Qualifies as Hostile or Aggressive Behaviors?
When an employer does not step in to stop a behavior, they become complicit in allowing the employee to be harassed. So, what exactly qualifies as negative behavior that can impact the work environment? Here are some examples:
- Discrimination: Being excluded from work meetings, social functions, or other workplace events based on one of your protected traits.
- Harassment: Any type of unwanted advances (including sexual), comments, or jokes that target a protected characteristic and make you feel uncomfortable.
- Bullying: Belittling or overly managing an individual and offering disparaging remarks about their job performance can qualify as this type of abuse.
- Retaliation: Cooperating during an investigation that uncovers wrongdoing or reporting an incident that results in being treated negatively can constitute retaliation.
How Do You File a Complaint?
To file a complaint alleging a hostile work environment, it is important to first identify the behavior as a problem and begin to document it. Evidence such as texts, emails, witness statements, screenshots, videos, and photos is all helpful in proving that the behavior has been persistent and ongoing. You can then report it to your own employer as well as any state or federal agency that protects your rights to be free of such behaviors.
Get Work-Related Legal Advice From a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC
Proving a hostile work environment can be a lengthy process, but there are no gray areas in your right to work peacefully. Contact a knowledgeable South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC today if you are having problems at work and need legal guidance. For a free consultation, call 856-235-7075 or submit the provided online contact form. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.