A horrible boss makes for good entertainment in movies and television, but having one is a burden. Unfortunately, there are many stories about bad bosses. For example, one employee sent his boss a photo of a car wreck he was just in to let him know he would be late. The boss responded that the only excuse for not being at work was a death in the family.
It's hard enough if your boss is just not a good person or bad at their job. But being unfairly targeted is extremely stressful and can negatively affect your physical and mental health.
While many employees deal with bosses who are overly critical, too demanding, or unwilling to listen to feedback, there is a difference between a difficult boss and a hostile work environment. If you have a difficult boss, you may want to transfer departments or look for a new job. If you face a hostile work environment, you have legal rights.
Your Rights Under the EEOC
The Equal Employment Opportunity Commission (EEOC) protects employees against discrimination based on race, color, national origin, sex (including sexual orientation and gender identity), religion, age (40 or older), disabilities, pregnancy, and family medical history.
What Is a Hostile Work Environment?
A hostile work environment is where an employee faces discrimination that makes it difficult for them to do their job. In addition to outright discrimination, you may have a hostile work environment if your boss or workplace engages in the following:
- Unfair or discriminatory treatment
- Requiring impossible standards or “micro-managing”
- Verbal insults or abuse, harassment, bullying
- Unwanted advances or sexual harassment
- Excluding you from workplace activities or events
- Giving undeserved poor performance reviews
Under Title VII of the Civil Rights Act of 1964, harassment must be severe and pervasive enough to create an environment that is objectively offensive to a reasonable person
Words alone may not be enough to make an actionable claim. For example, a boss calling his employee 'Honey' may not be sufficient for a claim. However, if the boss calls his employee 'Honey' while touching the employee inappropriately, this could make the situation more severe.
The behavior must also be pervasive. For instance, a single instance of a boss throwing a tantrum at an employee may not be enough to support a claim. However, if a boss repeatedly calls an employee derogatory names such as 'old man,' 'geezer,' or something even worse, this could support a hostile work environment claim
How To Deal with a Hostile Work Environment
1. Document! Document! Document!
You must back up any claims of a hostile work environment with facts and documentation. Write down any events of unfair treatment or harassment. Be sure to include all relevant details, such as the following:
- Names
- Dates
- Detailed recollection of events
- List of witnesses or people who can corroborate
Keep any correspondence or communication, including emails, texts, voicemails, letters, or photos. If there is a phone call or verbal discussion, write the details down immediately after. A paper trail of documented activity will help back your claim and may be used as evidence in court.
2. Go Through Workplace Channels
If you are experiencing harassment, follow your company’s procedures for reporting instances in the workplace. You may want to talk to your Human Resources department for guidance on what you should report. Keep all records of the grievance process, including any responses from your boss or HR department. It is important that once you make a report, you do not face any retaliatory actions such as being fired or demoted. There are federal and state laws, called whistleblower laws, which prevent retaliation against an employee who reports unsafe or illegal activities in the workplace.
3. Seek Legal Help
If HR cannot resolve the situation, or you are facing retaliation for reporting the harassment, contact an employment lawyer for legal advice. They can represent you in dealing with your employer, assist you in filing a claim with the Equal Employment Opportunity Commission (EEOC), or represent you in court.
Don’t Go It Alone
Dealing with a horrible boss is a common problem. If you have a difficult situation, your well-being comes first. Seek support from co-workers, friends, and family members. Consider a transfer or job change. However, if you are a victim of a hostile work environment, document the conduct, know your rights, and get legal assistance to advocate for you.
Related Resources
- 5 Signs of Age Discrimination (Law and Daily Life)
- Find Employment Lawyers Near You (FindLaw’s Lawyer Directory)
- What to Do When Treated Unfairly at Work: Top 10 FAQ - FindLaw (Law and Daily Life)
