Hostile Workplace Employee Rights

by Russell Huebsch, Demand Media
Women are not the only victims of a hostile work environment.

Women are not the only victims of a hostile work environment.

cd_acoso-3 image by Paco Ayala from

A hostile work environments is one in which an employee receives unwanted physical harassment or verbal comments based on a federally protected characteristics, such as gender, race, sexual orientation or religion, according to the Federal Communications Commission. Employees have a right to an accommodating and unbiased work environment, but provisions for complaint and restitution exist should a violation occur.

The Facts

Almost all employees are protected under federal antidiscrimination laws, according to The most important federal legislation is the Civil Rights Act of 1964 (CRA), which bans discrimination or harassment based on race, sex, gender, religion, creed or national origin. Since the CRA, Congress has passed several laws to protect special groups not included in the CRA, such as people over 40 in the Age Discrimination in Employment Act (ADEA) and disabled persons in the Americans With Disabilities Act (ADA).


An employee has the right to complain to their superiors about a hostile work environment. If the employer does not rectify the situation, the employee can contact their local Equal Employment Opportunity Commission (EEOC) office. The EEOC will handle hostile workplace complaints if it finds compelling evidence. Even if the EEOC does not pursue a hostile workplace case, the employee may still sue on their own.

Effects of a Complaint

Whether or not an employee wins a hostile workplace complaint, he still has the right not to fear retaliation from the employer, so long as his claims were legitimate, according to Nolo. Attitude adjustments, such as being more cold, do not constitute retaliation. However, changes that affect status of employment, such as demotions or termination, are punishable by law.


Employers must do their best to make sure employees have a safe environment free from discrimination. Maintaining a harassment-free work environment means disciplining employees that create the hostile conditions, according to "Business Management Daily." Holding training seminars on how to deal with or recognize a hostile workplace, while potentially helpful, does not satisfy requirements for intervention in the eyes of the US court.


Whether unwanted comments or actions create a hostile work environment depends on the particulars of a case, but courts tend to look for repeated, severe harassment that interferes with a employee's ability to work, according to FindLaw and Title VII of the Civil Rights Act of 1964. Occasional joking and even asking out an employee on a date every now and then usually does not constitute a hostile work environment. Cornering and touching a co-worker or making repeated sexual comments would, on the other hand, likely be considered a hostile workplace.

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