A hostile work environment is created by a boss or coworker whose actions, communication, or behavior make doing your job impossible.This means that the behavior altered the terms, conditions, and/or reasonable expectations of a comfortable work environment for employees. Additionally, the behavior, actions or communication must be discriminatory in nature.So, a coworker who talks loudly, snaps her gum, and leans over your desk when she talks with you, is demonstrating inappropriate, rude, obnoxious behavior, but it does not create a hostile work environment. On the other hand, a coworker who tells sexually explicit jokes and sends around images of nude people, is guilty of sexual harassment and creating a hostile work environment. Simply speaking, The legal requirements for a hostile work environment include these:
•The actions or behavior must discriminate against a protected classification such as age, religion, disability, or race.
•The behavior or communication must be pervasive, lasting over time, and not limited to an off-color remark or two that a coworker found annoying. These incidents should be reported to Human Resources for needed intervention. The problem becomes significant and pervasive if it is all around a worker, continues over time, and is not investigated and addressed effectively enough by the organization to make the behavior stop.
•The hostile behavior, actions, or communication must be severe. Not only is it pervasive over time, but the hostility must seriously disrupt the employee’s work. A second form of severity occurs if the hostile work environment interferes with an employee’s career progress. For example, the employee failed to receive a promotion or a job rotation as a result of the hostile behavior.
•It is reasonable to assume that the employer knew about the actions or behavior and did not sufficiently intervene. Consequently, the employer can be liable for the creation of a hostile work environment.
