Federal and State Civil Rights laws protect employees from being subjected to a hostile work environment, where the hostility or harassment targets an employee because of his or her gender, race, ethnic or national origin, religion, or disability. A hostile work environment exists when the workplace is permeated with discriminatory intimidation, ridicule, or insult. The Courts require that it be sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment. That is, the hostile work environment must be serious enough to interfere with the employee’s ability to perform his or her duties.
In very limited circumstances, a single extremely serious act of sexual or racial harassment may constitute a violation of Federal and State Civil Rights Laws. For example, a federal appellate court recently found that a male supervisor’s actions in following a female employee into a room, blocking her from leaving and rubbing his genital area against her backside, could be sufficiently severe to constitute unlawful harassment under federal law. The Court found that “this single act was egregious enough to create a hostile work environment.” The physical humiliation and degrading nature of that single act was sufficient to support the claim against the employer. Additionally, some courts have recognized a manager’s yelling a racist slur at a subordinate could be enough to make the employer liable to the employee. But as mentioned, those are rarer cases. Typically, the “harassment” must occur over a longer term and be what the Courts consider pervasive.
Generally, that means that the evidence must show more than periodic or isolated acts or incidents. They must be frequent or recurring, so much so that the working conditions become threatening, humiliating, degrading or otherwise interfere with performance. If the harassment is being caused by a co-worker, it is important that the employee complain to a supervisor or manager. This should be done in writing through the employer’s complaint or grievance procedure, if there is one, or through email or other documented method. Once the employer is put on notice of a hostile work environment or other discriminatory conduct, it has a legal obligation to correct the problem and protect its employees from such harassment or hostile work environment. Courts have held that repeated sexual or racial slurs, or sexually explicit remarks in the workplace may create a hostile work environment based on race or sex.
If you have been the victim of a hostile work environment based on gender, race, ethnic origin, religion or disability you may recover for damages you suffer as a result of such conduct. Those damages may include recovery for lost wages and emotional distress. In addition, under Federal Civil Rights Laws, you may be able to recover punitive damages. But to pursue such claims under federal civil rights laws and some state laws you will first have to first file a charge with the Equal Employment Opportunity Commission or your state civil rights agency. Employees who have suffered discrimination in the form of a hostile work environment have a limited amount of time within which to file such a charge and should contact an experienced employment attorney for assistance with what may be a fairly complicated process.