Hostile work environment

In United States labor law, a hostile work environment exists when an employee experiences workplace harassment based on a legally protected class as defined by the Equal Employment Opportunity Commission (EEOC). According to the EEOC, protected classes are age (over 40), disability (including pregnancy), genetic information, national origin, race/color, religion, gender, or sex.[1] Furthermore, the acts done must be "severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive."[2]

Workplace harassment or bullying, in itself, is generally legal so long as it is not done due to an employee's membership in a protected class.[3] As the United States Supreme Court stated in Oncale v. Sundowner Offshore Services,[4] Title VII "does not prohibit all verbal or physical harassment in the workplace."

See also

References

  1. EEOC Discrimination by Type
  2. EEOC Harassment
  3. Oncale v. Sundowner, 523 US 75 80