What is a “Hostile Work Environment?”
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
Many people may believe they work in “hostile work environments,” but the term does not refer to a workplace that is merely unpleasant. The term refers to a specific kind of discrimination claim. An employee may bring a hostile work environment claim under the federal discrimination law, Title VII of the Civil Rights Act of 1964, by establishing that: 1. He belongs to a protected group (because of his race, gender, national origin, or another protected characteristic); 2. He was subjected to unwelcome harassment; 3. The harassment was based on a protected characteristic; 4. The harassment affected a term, condition, or privilege of employment; and 5. The employer knew or should have known of the harassment and failed to take prompt remedial action designed to stop it.
Because this standard requires the employee to prove that the harassment affected a term, condition, or privilege of employment, simple teasing, offhand comments, or isolated incidents will be insufficient to establish a hostile work environment claim. It is frequently said that the law does not impose a general civility code on workers.
To discuss a workplace legal issue with an employment law attorney, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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