Do You Work in A Hostile Work Environment?

1. Do You Work in A Hostile Work Environment? As an employment lawyer, one of the most difficult parts of my job is having to explain that what a word means in basic English, is not necessarily what the same word or term means legally. “Hostile work environment” is one of those terms of art. (Next time I’ll be discussing wrongful termination.) Most people think if they work somewhere and their colleagues are hostile towards them, then it is a hostile work environment. This is incorrect. State and federal laws provide a lot of protection to employees. As of yet, however, there is no anti-bullying law. If you are a non-unionized at-will employee (meaning you don’t have a contract) then absent certain exceptions, people can be mean to you at work. You are protected, however, if they are mean to you for an illegal reason. An employer cannot discriminate against you or allow you to be harassed based on your race, sex, national origin, color, age, marital or familial status, sexual orientation, creed, or physical or mental disability. You may have a cause of action for a hostile work environment claim even if you personally were not harassed or discriminated against. Here is an example to help you understand this legal term of art. Let’s say your boss generally doesn’t like women and you happen to be a woman. The boss likes you, however. You are different than other women to him. You are a “cool woman.” That same boss has pictures of scantily clad women hanging in his office, however. He makes disparaging comments about women frequently, in front of you. These comments are severe and pervasive. Even though he hasn’t called you any names or denied you any opportunities that you are aware of, he has subjected you to a hostile work environment.

2. Thus, when you hear the term “hostile work environment” used, add to it in your head “to a protected class.” While we are all members of a protected class (New Hampshire provides protection against discrimination and harassment on the basis of age for the young and the old for example) the hostile work environment must be because of that protected class status in order to be actionable. Just having a mean boss is not enough. For more information, please do visit https://hagehodes.com/ Contact Details: Address: 1855 Elm Street Manchester, NH 03104 Phone Number: 603-668-2222 Email Id: info@hagehodes.com