What are topics that can be considered “hostile work environment” issues?

Asked on August 6, 2015 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employee's rights depend on whether or not their place of business can be categorized as a "hostile work enviornment".

Such an enviornment is one that prevents an employee from performing their work duties in reasonable under the circumstances. A superior and/or co-worker, by either their actions or behavior, must create an environment that is counterproductive to the employee performing their job. That having been said, these behaviors must be discriminatory in nature and not just a result unprofessional behavior, such as rude remarks or the like.

By "discriminatory", it is meant that the action taken against an employee must be due to their being a member of a "protected class; this means that no the employee's treatment must not be based on their race, religion, national origin, sexual orientation, gender, age, disability, etc.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employee's rights depend on whether or not their place of business can be categorized as a "hostile work enviornment".

Such an enviornment is one that prevents an employee from performing their work duties in reasonable under the circumstances. A superior and/or co-worker, by either their actions or behavior, must create an environment that is counterproductive to the employee performing their job. That having been said, these behaviors must be discriminatory in nature and not just a result unprofessional behavior, such as rude remarks or the like.

By "discriminatory", it is meant that the action taken against an employee must be due to their being a member of a "protected class; this means that no the employee's treatment must not be based on their race, religion, national origin, sexual orientation, gender, age, disability, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.