Hostile Work Environment Definition: What Qualifies and What Doesn't
Almost one out of every five Americans is exposed to a hostile work environment, according to a 2015 RAND study. A toxic workplace can cause morale issues and even cause other issues to escalate. For instance, a study by Hiscox found that over half of employees who were harassed in the workplace didn't report it because they feared their hostile work environment.
A hostile work environment is one where unwelcome, discriminatory conduct makes it difficult — or impossible — for an employee to do their job. It's a specific legal concept with criteria set by the EEOC, not simply any unpleasant workplace. Nearly one in five Americans has experienced one, yet many organizations still struggle to recognize where the line falls.
So what qualifies as a hostile work environment? Learn the definition and signs and how to protect employees in this quick guide.
See how Case IQ can help your organization reduce risk
Request your demo of Case IQ to find out how we can help you uncover, investigate, and prevent misconduct more effectively.
Request a DemoWhat Constitutes a Hostile Work Environment? Key Criteria Explained
A hostile work environment, defined by Legal Dictionary, is established by "unwelcome or offensive behavior in the workplace, which causes one or more employees to feel uncomfortable, scared, or intimidated in their place of employment." The unwelcome contact can come from another employee, a contractor, a client, a customer or any other person the victim comes in contact with while performing work-related duties.
Gilbert Employment Law puts it another way, saying that "a hostile work environment is a workplace in which the conduct of supervisors or coworkers has created a discriminatory environment that a reasonable person would find so abusive or intimidating that it impacts the ability to work." To determine whether or not a work environment qualifies as hostile, ask:
- Does the behavior discriminate against an EEOC-protected category (e.g., gender, race, age, religion, ability, nation of origin, sexual orientation, family medical history, gender identity, transgender status)?
- Would a reasonable person find the environment hostile?
- Has the behavior been ongoing and/or pervasive?
- Has the victim or victims lost their motivation or ability to complete their assigned work tasks as a result of the environment?
- Have you, as an employer, failed to investigate reported issues? If nothing was reported but you knew about misconduct, did you fail to intervene?
If the answer to any of these questions is "yes," the work environment can legally be considered hostile. According to the U.S. Department of Labor, hostile work environment harassment must be both unwelcome and based on one of the EEOC protected categories listed above. In addition, it must be "subjectively abusive" to the victim and "severe and pervasive," determined by:
- "the frequency of the unwelcome discriminatory conduct;
- the severity of the conduct;
- whether the conduct was physically threatening or humiliating, or a mere offensive utterance;
- whether the conduct unreasonably interfered with work performance;
- the effect on the employee's psychological well-being; and
- whether the harasser was a superior within the organization."
Examples of a Hostile Environment at Work
According to the DOL, behaviors that could contribute to a hostile work environment include but aren't limited to:
- Talking about sexual activities or making unwanted sexual advances
- Telling mean-spirited jokes about protected categories
- Non-consensual touching
- Commenting on the victim's physical appearance
- Displaying images that are sexually suggestive or insensitive to a protected category
- Using demeaning terms or names, including slang and slurs
- Making offensive gestures or engaging in other offensive conduct
- Using crude language
- Sabotaging the victim's work (e.g. destroying or altering files, undermining them)
- Threatening or harming the victim physically (e.g. punching walls, yelling in their face, hitting them)
- Other forms of workplace harassment, including religious harassment and physical harassment
RELATED: The Complete Guide to a Hostile Work Environment
What Is Not Considered a Hostile Work Environment? Common Misconceptions
No matter what industry you work in or what organization you work for, unpleasant situations arise. For example, an employee might:
- Eat strong-smelling foods at their desk every day
- Have a curt, cold communication style
- Laugh and chat too loudly
- Skip the line for the coffee machine
While these are all irritating scenarios, they probably don't make other employees feel fearful. Similarly, office perks and benefits (or lack thereof) don't usually contribute to a hostile work environment. For example, an employee might:
- Find the office too cold or hot
- Wish they had more paid time off
- Think it's unfair that they don't receive dental insurance through work
These situations can be distracting and uncomfortable, but they are not usually a personal affront meant to abuse a specific employee. They also don't usually involve a protected characteristic like religious beliefs or sexual orientation, so most times are not considered acts of unlawful harassment under federal law.
RELATED: Investigating Workplace Bullying Allegations: 10 Tips for Success
If any of the signs of a hostile work environment are present in your organization (or look like they could develop) take action right away. No business relationship or amount of money is worth what you could lose in employee morale, legal fees and your company's public reputation.
Signs of a Hostile Work Environment: How to Recognize the Red Flags
A hostile work environment can take years to permeate the entire team or company, but it has to start somewhere. That's why taking a zero-tolerance stance for workplace harassment and discrimination is crucial. If you allow hostile behavior of any type or size, you're telling bad actors that they're welcome to continue making the work environment even more hostile. Here are some small signs of a hostile work environment to watch out for in your organization, and to make sure you address right away:
- Overly competitive attitudes
- Lack of or ineffective communication
- Heavy use of sarcasm or "talking down" or even name-calling
- Unrealistic deadlines, workloads, or other expectations
- No recognition of jobs well done
- Managers and supervisors showing favoritism and preferential treatment on their teams
- Employees telling offensive jokes (e.g., racist, sexist, ableist, homophobic, xenophobic, etc.)
If you notice that many employees seem to be experiencing more stress and lower morale, or you're seeing an increase in turnover rates, a hostile work environment may be to blame.
Do you want to resolve employee misconduct investigations faster?
Case management software provides the information you need to identify trends and areas of risk and compiles the data you need for thorough investigations. Learn how in our free eBook.
Get the eBookHostile Work Environment FAQs: Your Top Questions Answered
1. What is proof of hostile work environment?
Proof of a hostile work environment includes unwelcome behavior based on protected categories, such as race or gender, causing discomfort or intimidation.
2. What is an example of a hostile work environment?
An example of a hostile work environment could be one that allows continuous derogatory remarks about an employee's religion or sexual orientation.
3. What are the three criteria for a hostile work environment?
The three criteria for a hostile work environment include unwelcome and discriminatory conduct, subjective abuse to the victim, and conduct that is severe and pervasive.
4. What is the definition of a hostile work environment?
A hostile work environment is one where unwelcome conduct — rooted in a protected characteristic like race, gender, religion, or age — is severe or pervasive enough to affect an employee's ability to do their job. It goes beyond rudeness or general workplace friction; the behavior must be discriminatory in nature.
5. What constitutes a hostile work environment?
For a situation to legally constitute a hostile work environment, the conduct must be tied to an EEOC-protected category, be unwelcome, and meet a threshold of severity or pervasiveness. Employers also have a responsibility to act once they become aware of the behavior — failing to do so can increase organizational liability.
6. What are the three criteria for a hostile work environment?
The three core criteria are: (1) unwelcome conduct based on a protected class, (2) the conduct is subjectively abusive to the person experiencing it, and (3) a reasonable person would also find the environment hostile or abusive. All three must be present for a situation to qualify.
7. What is proof of a hostile work environment?
Proof of a hostile work environment includes documented incidents of unwelcome behavior based on a protected category — such as written communications, witness accounts, records of HR complaints, or evidence that the behavior affected the employee's performance or well-being. Thorough documentation from the start of any investigation is essential.
8. What is hostile harassment?
Hostile harassment — sometimes called hostile work environment harassment — is a form of workplace harassment where the conduct is discriminatory in nature and creates an abusive or intimidating atmosphere for the person targeted. It differs from quid pro quo harassment, which involves explicit trades of job benefits for compliance with unwelcome conduct.
9. What are some examples of a hostile working environment?
Common examples include a manager who repeatedly makes derogatory comments about an employee's religion, coworkers who circulate racist or sexist jokes, or a supervisor who physically threatens or intimidates an employee based on their gender. The key is that the behavior targets a protected characteristic and creates conditions a reasonable person would find intolerable.
Conclusion: Prevent a Hostile Workplace
Knowing what qualifies as a hostile work environment is the first step — but recognizing the early warning signs and having a clear process to investigate complaints is what actually protects your employees and your organization. If you're seeing red flags in your workplace, don't wait for a formal Human Resources complaint or workplace harassment incident to act. The sooner issues are documented and addressed, the better the outcome for everyone involved. Don't let offensive conduct by some reduce employee satisfaction for other workers.
