A hostile work environment is one in which employees dread going to work. According to federal legislation, the environment is “offensive or oppressive.”
The legislation does not attempt to resolve all workplace conflicts, but it does protect employees against hostile work environments. Nevertheless, a hostile work environment is more than simply one that is difficult to work in. It is defined considerably more narrowly under the law.
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What exactly is a hostile work environment?
The broad legal definition of a hostile work environment is one in which the employee dread going to work. The environment is described as “offensive, frightening, or oppressive” under federal statute and case law. It often emerges when the employer asks the employee to perform something and the employee refuses to do so due to his legal rights.
What Are Some Examples of a Hostile Workplace?
For example, if an employee discloses his or her employer’s unlawful actions, the employer is likely aware that he cannot terminate the employee. Alternatively, the employer may try to make the environment and working experience so unpleasant that the employee leaves.
But, the employer is not the only one who may foster a hostile work environment. Another situation that appears often in case law includes union officials attempting to recruit new workers to join the union. If the new employee refuses to sign up, the salesperson or other members begin bullying or harassing him in order to get him to sign up.
Presently, federal case law covers a variety of scenarios in which a hostile work environment might arise. The most significant constraint on the concept stems from the case of Oncale v. Sundowner Offshore Services. In this case, the Supreme Court held that simple taunting and off-handed comments are insufficient to establish such an atmosphere. It needs to be considerably more forceful, to the point where a rational individual would be scared to go to work, leaving resignation as the only option.
If you need assistance dealing with or avoiding a hostile work environment, a lawyer may provide you with the necessary information and direction.
