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Hostile Work Environment

Most people are unaware of hostile work environment laws. They tend to ask questions like what is a hostile work environment, what constitutes a hostile work environment, proving hostile work environment, and reporting hostile work environment. People may turn to Experts for help. Listed below are five of the Top Hostile Work Environment Questions.

What is hostile work environment?

A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser.

A hostile work environment may also be created when management acts in a manner designed to make an employee quit in retaliation for some action. For example, if an employee reported safety violations at work, was injured, attempted to join a union, or in some way caused trouble for the management, then their response might be to harass and pressure the employee to quit. Actions that could be taken in furtherance of this might include inappropriate disciplinary procedures, reduced hours or wages, unreasonable scheduling or workload or similar things.

Would it be considered a hostile work environment if someone’s supervisor is holding and disciplining them to a standard that the employer does not hold other employees?

Only if the supervisor is doing so because the employee is a member of a protected class under employment discrimination laws. In other words, "hostile work environment" harassment is a legal term of art that was coined by the courts to describe a particular kind of activity under Title VII of the Civil Rights Act of 1964. Therefore, unless there is a discriminatory motive, there is no unlawful "hostile work environment" harassment. In that case, it might still be unprofessional or something that is not allowed under the bargaining agreement.

How can an employee in the State of Nevada file a hostile work environment case?

The Nevada Labor Commission is one place an employee can go. The employee can also contact the United States Department of Labor. However, generally a hostile work environment is only unlawful if it is based on race, religion, national origin, gender, disability, or age (for older employees). If the hostility is not based on one of these categories, there is generally nothing that these agencies can do. If the hostility is based on any of these categories, you should file a charge with the Equal Employment Opportunity Commission. Otherwise, hostile work environment generally aren't unlawful under employment law. If you feel physically threatened, you can also file a police report.

Can a person sue a state based on a hostile work environment, if the Equal Employment Opportunity (EEO) board found probable cause?

In many cases, if the EEO board found probable cause then you have 90 days to file suit against the state for the violations. You can file suit for discrimination, they are not immune from discrimination laws, as long as you are within the statute of limitations

What is EEOC vs. EEO? Is a hostile work environment a form of discrimination?

Yes, hostile work environment is a form of discrimination and the Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates discrimination and the Equal Employment Opportunity (EEO) is typically the state agency. However, you have 90 days from either issuing a probable cause letter to sue. You need to get to a local attorney fair fast to not lose your statute of limitations.

Hostile work environment is a very interesting but different topic. Many people are facing hostile work environment problems, and have many questions and no answers. By asking the Expert’s individual’s can get their questions answered fast and efficiently.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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Employment Lawyers are Online Now

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Recent Hostile Questions

  • I own a commission hair salon and one if my employees want

    I own a commission hair salon and one if my employees want to booth rent. I do not offer booth renting so now she plans on leaving my salon and look for a salon that booth rents. She is also requesting her client lust which we build for her. She started 2 years ago with no client and now she has about 75 client that she sees on a regular basis. Am I obligated to give her a list and do I have to keep her employed until she finds a new place? If I fire her for wanting to move on what are my right?
  • I have been reading that the cap damages for federal for discrimination

    I have been reading that the cap damages for federal for discrimination complaints for one person is 300,000. Is this awarded only in federal court? I also heard there is state damages that can also be awarded. Is there a cap on this too?
  • I am a registered nurse doing alot of telephone triage with

    I am a registered nurse doing alot of telephone triage with one or two other nurses. We get hundreds of calls a day, messages taken by operators and forwarded to us via computer. The messages appear in a queue and we answer calls based on medical necessity. The volume of calls is often more than we can handle in 8-9 hrs and calls are left in the queue to be returned the next work day. As I am the last nurse to leave, I am concerned that the calls left unanswered in the queue are ultimately my responsibility. If one of those calls is not communicated accurately or I misinterpret what is written as being less serious than what it truly is and don't call a patient back before leaving and the patient becomes sicker, sustains harm, am I liable? My nurse manager says she has not problem leaving 25 unanswered calls in the queue. However, we have had a couple of calls where the situation seemed, according to the message we received, less serious and potentially life threatening than it turned out to be when we called the patient. So, are unanswered calls to my my office putting me at risk of a malpractice suit?
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