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6 Signs of a Hostile Work Environment
Employment discrimination, whether based on race, sex, age, or any other protected characteristic, is rarely overt. It’s uncommon for an employer to say to an employee, for example, “You know, you’d be great for this promotion if you were a little younger.” Instead, discrimination is more often insidious, consisting of a pervasive pattern of incidents over time that, in aggregate, create an unwelcoming environment. Hostile work environments can have serious ramifications for both employers and employees, which is why it’s important for both to recognize the signs. If you’re dealing with a hostile work environment or allegations thereof, a Richmond employment lawyer can help you make things right.
What Is a “Hostile Work Environment?”
Hostile work environment claims generally arise when employees are subjected to unwelcome conduct based on a protected characteristic, and that conduct is severe or pervasive enough to create work conditions a reasonable person would find intolerable. The protected characteristic can be any characteristic protected by federal or state law, including race, color, religion, ethnic or national origin, sex, pregnancy, age, marital status, sexual orientation, or disability. The key federal law prohibiting hostile work environment-style discrimination is Title VII of the Civil Rights Act. The Virginia Human Rights Act mirrors the federal Civil Rights Act, although it is broader in the classes it protects.
Recognizing the Signs of a Hostile Work Environment
Not every unpleasant interaction at work qualifies as “hostile” under the law. Nonetheless, employees should be aware of some of the most significant red flags that can indicate hostility. To discuss your specific situation, please speak to a Richmond employment lawyer.
1. Repeated Harassing Conduct
Harassing conduct can include derogatory jokes, slurs, insults, or unwanted physical contact. Courts generally look for patterns of such behavior that go beyond isolated incidents. However, Equal Employment Opportunity Commission guidelines make clear that even a single instance can qualify if it is serious or severe. The guidance states that touching an intimate body part, acting violently, or using the n-word can be enough to violate the law.
2. Severe OR Pervasive Behavior
Behavior that creates a hostile work environment must be severe or pervasive. Legally speaking, that means it can be either severe or pervasive, but need not be both. As stated above, a single serious incident can be enough, but a pervasive pattern of minor incidents can also be enough.
3. Interference With Work Performance
Harassment that makes it difficult for employees to perform their job or causes them to avoid certain coworkers or feel dread when coming to work is a red flag of a hostile work environment. Employees should bear in mind, however, that they do not need to show that harassment led to a change in employment, such as a demotion. Nor do they need to show that the harassment worsened their performance.
4. Supervisor Involvement
Harassment need not come directly from an employee’s supervisor in order to create a hostile work environment. It can also come from their coworkers and subordinates. However, a supervisor participating in the behavior can carry more weight than similar behavior by a coworker and, therefore, is a major red flag.
5. Exclusion or Sabotage
Being repeatedly excluded from meetings and the decision-making process, denied promotions or training, or having work undermined can signal a hostile work environment, particularly if others outside the employee’s protected class are not subject to the same exclusion.
6. Retaliation After Reporting
Reporting suspected discrimination or harassment is a legally protected activity under both federal and Virginia law. Retaliation after such reporting, such as termination, reduced hours, or assignment to less desirable duties, can create the appearance of a hostile work environment. In some cases, retaliation for reporting discrimination may constitute an independent act of discrimination.
How Employers Can Prevent Hostile Work Environments
Employers in Virginia (and nationwide) can face significant liability if employees can demonstrate the existence of a hostile work environment. As such, proactive prevention and prompt responses are critical to prevent such environments from festering. For more information on creating discrimination-free workplaces, please speak to a Richmond employment lawyer.
Establish a Clear Anti-Harassment Policy
At a high level, an anti-harassment policy should:
- Define prohibited conduct and give examples
- Cover all protected categories under both Title VII and the Virginia Human Rights Act
- Explain how to report complaints
- Make clear that retaliation is prohibited
A well-drafted anti-harassment policy can not only prevent harassment, but can also form part of an employer’s affirmative defense to hostile work environment claims. To learn more about crafting anti-harassment policies, please contact a Richmond employment lawyer.
Provide Regular Training
Supervisors and employees alike should receive ongoing training to identify, prevent, and report harassment. Again, while training can prevent harassment, it can also serve as a defense to hostile work environment claims.
Implement a Process for Investigating Complaints
When a complaint surfaces, conduct a prompt and thorough investigation. Even better, implement a standard procedure for receiving and investigating complaints and subject all complaints to the same investigatory process. Haphazard and ad hoc investigations can lead to certain complaints falling through the cracks or receiving insufficient scrutiny, bolstering allegations that an employer did not take discrimination and harassment complaints seriously.
Take Corrective Action
If an allegation of discrimination or harassment is substantiated through a proper investigation, take corrective action commensurate with the misconduct. Failing to act or appearing to minimize the behavior can create the appearance of employer negligence or indifference to demonstrated misconduct.
A Richmond Employment Lawyer Can Help You Avoid Hostile Work Environments
Hostile work environments can seriously harm employees’ performance, and legal claims based on them pose a significant risk for employers. The best way to minimize such outcomes is to work with experienced and competent legal counsel. To get started, please contact a Richmond employment lawyer at Pierce/Jewett by calling 804-502-2320 or using our online contact form.