Hostile Work Environment
While the law does not require a pleasant work environment,
employers cannot create a work environment that is hostile to a
protected class.
A hostile work environment is one where the conduct
of management, supervisor, or co-workers is such that it alters the
terms and conditions of the job you accepted. In order to be
actionable, it must be because of the targeted employee’s membership in a protected class. In other words, it must be because of your race, sex,
religion, disability etc. Finally it must be both objectively
hostile (any reasonable person would find it so) and subjectively
hostile (you, yourself found the environment hostile).
It does not matter that the hostility is generated by one who would also be a member of the protected class. We have seen women create a hostile environment for women and seen black supervisors discriminate against black employees.
The conduct must be severe, almost to the point that your mental or physical health is threatened. The factors important to this determination are the number of times the bad conduct occurs, whether it is threatening or humiliating, whether it affects your ability to do your job. On the other hand, the more threatening or humiliating the conduct, the fewer times it must occur before it become illegal.
If you feel that you have been subjected to a hostile work environment created by supervisors or co-workers you must complain to the employer. If the employer has an established grievance or complaint policy, follow it. Put your complaint in writing and date it. That will help protect you from retaliation.
A subset of this type of problem is what is called quid pro quo sexual harassment. If a supervisor demands sexual favors in exchange for keeping your job, for advancement, or in return for job benefits, such conduct is illegal.
