What is a Hostile Work Environment

Do thoughts of going to your workplace make you feel anxious, uncomfortable, stressed, or unwelcome?

If they do, then you are probably experiencing a hostile workplace.

A hostile work environment creates negative issues for employers and employees.

They can affect employee satisfaction, engagement, and productivity, and develop a sense of resentment among co-workers.

This is not normal.

You should not have to endure a working environment like this, and if your employer is unable to take action that changes the environment, then you should seek legal advice from an employment lawyer like those at HKM in New York.

When customers come into the workplace, many will sense the tension and decide to shop elsewhere. All employers should want to avoid that.

If there is an employee with an unlikable bad habit or that does something repeatedly that bothers you, that isn’t sufficient to create a hostile work environment. So, what does?

What is a hostile work environment?

An environment can become hostile when:

• You find it hostile.
• Any reasonable co-worker finds it hostile.
• You feel stressed out most of the time.
• The atmosphere is unwelcoming, and you feel threatened.
• There is an environment of unhealthy competition.
• People in your organization don’t feel recognized or appreciated.
• Team members do not get along with each other.
• Managers or HRs are unethical or don’t care about employees’ feelings.
• Scapegoating and blaming are persistent and pervasive problems.
• Favoritism is practiced blatantly.

Additionally, to consider a workplace environment to be hostile the issue must be:

• Severe,
• Pervasive, and
• Persistent

When a workplace has turned hostile, you will recognize these features.

Work performance is hindered

The words and actions of another employee make it impossible for you to do your job effectively. This can include severe, pervasive and unwelcome behavior, words or actions that, if not changed, make you unable to function in your role.

Discrimination occurs

The person displaying the behaviors must be displaying them consistently and the discrimination must be against someone of a protected class, meaning it is based on gender (or gender identity), race, age, disability, sexual orientation or religion.

Effective handling has not occurred

If you have made a complaint about the environment, it is the employer’s responsibility to investigate and resolve the issue in a prompt and effective manner. If they do not do so, the employer becomes responsible for fostering that hostile work environment.

Burden of proof

When regulators investigate these claims, the burden is on the victim to prove the environment is hostile to set up a viable claim. Regulators will look for answers to these questions:

• Was the behavior question unwelcome?
• Did the incidents occur multiple times over some time
• Did the incidents occur against someone whose class is protected?

It may be vital that you document when many of these incidents occurred with dates and times, and a record of what was said and what actions took place.

To avoid a workplace becoming hostile, you need to ensure that you

• Value employees
• Promote open, clear communication
• Implement recognition programs, and
• Make work fun.