What Are The Legal Elements Of A Hostile Work Environment?
Work environment: something that is often overlooked and ignored but can also be the most extraordinary staying power in an employee’s work life and a company’s biggest asset. If it remains ignored, however, it can also lead to a great downfall for the employees and the company. The term “hostile work environment,” however, has an exact legal meaning in the context of workplace discrimination legislation and does not include all situations that the word “hostile” may imply. The concept of civility in the workplace is not codified in law.
Of course, there are always outliers. What if, for instance, someone’s animosity is limited to a particular group, such as women or individuals of a particular ethnicity? Such conduct might be illegal in certain jurisdictions and is certainly unacceptable in any workplace. In such a case, consulting a violent crime attorney is highly recommended. They will be able to provide you with solid, legally binding advice on how to proceed with your employment dispute.
Any workplace where prejudice or abuse is so pervasive that it alters an individual’s or group’s working circumstances is considered hostile.
Read on for more information on this.
Recognising the “Legally Protected Group”
One must demonstrate they were singled out for harassment because they belong to a legally protected group to raise a case of a hostile work environment. Potentially covered categories include:
- Sexual orientation
- Pregnant Women
- Physical illnesses/disability
Individuals who fit into one of these categories have the right to appeal their case to court.
An Objective Conduct
For a claim of a hostile work environment to succeed under federal legislation, a plaintiff must allege that the defendant engaged in conduct that:
- A rational individual would find hostile or disrespectful.
- The complainant qualitatively sees as adversarial or violent.
- The defendant engaged in such conduct based on the complainant’s protected characteristic.
Please note that the offensive behaviour or abuse needs only to be “severe or pervasive,” not “severe and pervasive,” to be deemed actionable. Thus, creating an unsafe workplace may just take one extreme incident.
Variables such as the regularity of the misconduct, whether it is verbally harassing or humiliating if it interferes with an employee’s work performance, and whether mental damage has been prompted all play a role in determining whether the purported behaviour ends up creating a hostile work environment.
If a defendant claims they were subjected to a hostile work environment, the burden of proof shifts to them to show that their employer was responsible for the behaviour that led to the hostile work environment.
When: (1) the worker or agent had an executive or supervisory duties; or (2) the company knew about the worker’s or agent’s illegal discrimination and either let it happen or didn’t take immediate action to stop it, the company will be held responsible for an unjust form of bias based on the worker’s or agent’s actions that violated one or both of these categories.
Working in a hostile environment can be difficult for anyone. Work performance and enthusiasm for coming to the office might be affected.