Within employment law, the terms “hostile workplace” “harassment” and “hostile environment” often evoke images of a bully boss or inappropriate jokes. These types of situations are not uncommon. A majority of people can look at a past or current job that has created an environment that is intolerable. With this being said, the biggest questions we get asked are “isn’t this unlawful?” and “when can I do something about this?” While conditions may walk that line of being intolerable, it does not automatically give rise to a legally actionable claim.
On July 2, 1964, the federal government passed the Civil Rights Act of 1964. Passing of this act generated over five hundred hours of debates and five hundred amendments. One section of the act, Title VII, was created to prohibit employment discrimination. The Act prohibits employment discrimination based on race, sex, color, religion and national origin. It applies to private employers that have over fifteen employees, labor unions and employment agencies. The Act prohibits discrimination in recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment.
In 1967, Congress passed the Age Discrimination in Employment Act (ADEA), protecting individuals who are between 40 and 65 years of age from discrimination in employment. This Act solidified a failed amendment to Title VII, which would have included age in that act.
Then, in 1990, the American with Disabilities Act (ADA) was passed, making it the world’s first comprehensive civil rights law for people with disabilities. This prohibits employment discrimination against people with disabilities.
For a hostile work environment to be unlawful under laws such as Title VII of the Civil Rights Act, the ADEA, the ADA, and their state counterparts, such as the Texas Labor Code, the hostility must be tied to the employee’s membership in a protected class. A hostile work environment exists when an employee is subjected to unwelcome conduct that is so severe or pervasive that it alters the conditions of employment and creates an abusive working atmosphere. However, the law does not serve as a general civility code. Instead, it targets conduct that is discriminatory in nature—meaning it is based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information.
So, what does that entail? It means, a manager or coworker can be rude, difficult, and offensive, but if it is not due to a protected class, according to Federal and Texas law, it is not unlawful.
Examples of a hostile workplace that is protected by federal and state laws include: offensive, discriminatory jokes or comments; unwanted contact, assaults or threats; ongoing microaggressions based on a protected class; exclusionary practices or behaviors toward a certain demographic; and targeting work product.
Further, anti-discrimination laws prohibit harassment and targeting against employees who file a charge of discrimination, participate in an investigation or lawsuit regarding anti-discrimination laws, or oppose employment practices that they reasonably believe discriminate against individuals. This is considered protected activity.
Additionally, the harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. Also, the victim does not have to be the person harassed, it can be anyone affected by the offensive conduct.
Understanding the legal boundaries of hostile work environment claims is essential for both employees and employers. Employees must recognize that not all workplace mistreatment is legally actionable, and that the key to a successful claim lies in demonstrating a connection to a protected class. Employers, on the other hand, must ensure that their anti-harassment policies are not only in place but also enforced consistently and effectively.
If you feel like you have been discriminated against or subjected to a hostile workplace environment, please take some time to schedule a consultation with us to ensure your rights are protected.
https://www.eeoc.gov/summary-key-provisions-eeoc-enforcement-guidance-harassment-workplace
https://www.eeoc.gov/harassment