As an employee, your workplace should be a safe and respectful environment. However, numerous individuals face the daunting reality of a hostile work environment or sexual harassment daily. Understanding these concepts and your rights is crucial to combating such negative experiences.
What Is a Hostile Work Environment?
Contrary to popular belief, a hostile work environment extends beyond mere dislike for your job or clashes with your boss. Legally, it refers to a situation where discriminatory conduct or unwelcome behavior is pervasive, severe, and interferes with an employee’s ability to perform their job. The behavior must be based on race, religion, sex, nationality, age, disability, or genetic information, as protected by Title VII of the Civil Rights Act of 1964.
What Are Examples of a Hostile Work Environment?
- Discriminatory jokes: If an employee constantly makes offensive jokes about your race, religion, or sex, it may constitute a hostile work environment.
- Threats or intimidation: Threatening or intimidating employees based on their protected characteristics can create a hostile work environment.
- Derogatory comments or insults: Continual derogatory comments, insults, or slurs about an individual’s protected characteristics can make the workplace hostile.
Defining Sexual Harassment at Work
Sexual harassment is a specific type of hostile work environment. It involves unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, interferes with their work performance, or creates an intimidating, hostile, or offensive work environment.
What Are Examples of Sexual Harassment?
- Unwanted advances: This could include unwelcome physical touching, hugging, or sexual gestures.
- Sexual comments or jokes: Making inappropriate sexual comments about a person’s clothing, body, or personal life.
- Requests for sexual favors: If a supervisor or colleague demands sexual favors in exchange for job benefits such as promotions, raises, or continued employment, it is sexual harassment.
Proving a Hostile Work Environment or Sexual Harassment
Proving such circumstances involves keeping meticulous records of each discriminatory or harassing incident:
- Document the nature of the incident, date, time, location, individuals involved, and any potential witnesses.
- Report each incident to your supervisor or HR department and maintain copies of these reports.
- Securing evidence such as emails, text messages, or other forms of communication can further strengthen your case.
Remedies Are Available
Workers suffering from a hostile work environment or sexual harassment have multiple remedies at their disposal. These include filing a complaint with the Equal Employment Opportunity Commission (EEOC), seeking damages for lost wages and emotional distress, securing job reinstatement, or obtaining an injunction to stop the discriminatory practices.
Our Bucks County Sexual Harassment Lawyers at The Gold Law Firm P.C. Are Your Legal Advocates
Understanding your rights is the first step to fighting a hostile work environment or sexual harassment. If you believe you are a target, do not hesitate to seek help. The Gold Law Firm P.C., a leading employment law firm, is committed to protecting your rights. Speak with our Bucks County sexual harassment lawyers today. Call 215-569-1999 or contact us online to schedule your free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
