Hostile work environment

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In US labor law, a hostile work environment exists when a person's behavior at work creates a difficult or uncomfortable environment for others to work because of discrimination. Common complaints in sexual harassment lawsuits include fondling, suggestive comments, suggestive photographs displayed in the workplace, use of sexual language, or inappropriate jokes. Small problems, disruptions, and isolated incidents are usually not considered illegal. To be unlawful, such behavior must create a work environment that would intimidate, hostile, or offend any reasonable person. An employer may be held accountable for failing to prevent this workplace condition unless it proves that it seeks to prevent harassment and that the employee fails to take advantage of existing harassment actions or harassment tools provided by the employer.

Unfriendly work environments can also be created when management acts in a way that is designed to get employees to stop in retaliation for some action. For example, if an employee reports a security breach at work, is injured, attempts to join a union, or reports a breach of rule by management, and management's response is to harass and pressure employees to stop working. Employers have tried to force employees to stop by applying unwarranted discipline, reducing working hours, cutting wages, or transferring complaining employees to remote work sites.

The Supreme Court of the United States states in Oncale v. Sundowner Offshore Services, Inc. that Title VII is "not a code of general civilization." Thus, federal law does not prohibit simple taunts, indecent comments, or less serious incidents. Conversely, behavior must be objectively offensive to change the conditions of individual work. Working conditions are changed only if harassment culminates in real action or is severe or pervasive.

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Where hostile environments are alleged, the legality of behavior should be determined on a case-by-case basis. In the workplace, such claims focus on the working conditions that the victim must endure as a working condition, not a real job change. To determine whether the situation can be followed up, the "totality of circumstances" must be strictly weighed to determine "that harassment affects a term, condition or privilege over the work because it is severe enough or pervasive to change the conditions of the victim's work and creates a cruel working environment".

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Relationships with other laws

In many jurisdictions of the United States, a hostile working environment is not an independent legal claim. That is, employees can not file a lawsuit on the basis of a hostile work environment only. On the other hand, an employee must prove that he or she has been treated in a hostile manner because of its protected classes, such as gender, age, race, national origin, disability status, and the like. protected properties. Importantly, a hostile work environment is gender-neutral, that is, men can harass men or women and women can sexually abuse a man or woman sexually.

Similarly, unfriendly working environments may be considered "adverse employment actions" that are an element of a whistleblower claim or a claim of retaliation under civil rights law. When an employee claims that a hostile work environment is an adverse work action, legal analysis is similar to the burden of proof described above; however, to recover damages, the employee must also specify all other elements of such claims that employees who engage in protected behavior such as report discrimination or report a breach of employer law and also specify that the company creates a hostile work environment, at least in part, because the employee engage in protected activities.

What is a Hostile Work Environment? - YouTube

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Reference

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Hostile work environment

Rabu, 27 Juni 2018