What Constitutes a "Hostile Work Environment"?

According to the Federal Communications Commission (FCC), a hostile work environment is when harassment--including unwelcome comments or conduct based on sex, race, or other legally protected characteristics--unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment.

What actions could cause a hostile work environment?

The FCC cites the following as examples of actions that may create sexual hostile environment harassment include:

• Leering, i.e., staring in a sexually suggestive manner

• Making offensive remarks about looks, clothing, body parts

• Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another's body

• Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.

• Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

According to the FCC, other actions which may result in hostile environment harassment, but are non-sexual in nature, include:

• Use of racially derogatory words, phrases, epithets

• Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group

• Comments about an individual's skin color or other racial/ethnic characteristics

• Making disparaging remarks about an individual's gender that are not sexual in nature

• Negative comments about an employee's religious beliefs (or lack of religious beliefs)

• Expressing negative stereotypes regarding an employee's birthplace or ancestry

• Negative comments regarding an employee's age when referring to employees 40 and over

• Derogatory or intimidating references to an employee's mental or physical impairment

Related Resources:

• Understanding Workplace Harassment (FCC.gov)
• Sexual Harassment: What is it? (FindLaw)
• EEOC Recommends Employer "Best Practices" to Promote Work/Family Balance (FindLaw Writ)
• How to Spot Sexual Harassment: 6 Facts (FindLaw's Law & Daily Life)