According to constitutional law, the legal definition of a hostile work environment is… Any situation where an employer imposes or allows the imposition of an environment of steady and pernicious hostility to an employee. This hostility occurs concerning protected categories so that a reasonable person would be unable to continue working under those conditions.
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Several laws in the United States prevent hostile work environments from occurring. The U.S. The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing such laws, including…Title VII of the Civil Rights Act of 1964… The Age Discrimination in Employment Act of 1967 (ADEA)... The Americans with Disabilities Act of 1990 (ADA)... Occupational Safety and Health Act (OSHA)... Sarbanes-Oxley Act… and Family and Medical Leave Act (FMLA).
These laws make it illegal to harass and abuse someone in the workplace, especially if the actions are pervasive enough to create an intimidating environment. Aggression, passive aggression, and abuse are all forms of harassment. These acts become illegal when enduring such behavior becomes a condition of continued employment. It also becomes illegal when the conduct is severe or pervasive enough that any reasonable person would agree that the workplace is intimidating, hostile, or abusive.
According to the Cambridge Dictionary, retaliation is the act of hurting someone because of something they did or said. It’s also the act of doing something harmful to a person because of what they did or said to retaliate. The law agrees with this definition.
The EEOC enforces laws designed to prohibit employers from punishing job applicants or employees for protesting hostile work environments. This includes harassment and discrimination. These rights are “protected activities”. Asserting these rights is legal through EEO laws and doing so can take many forms.
It’s unlawful to retaliate against job applicants or employees for… Being a witness in an EEOC charge, complaint, investigation, or lawsuit… Communicating with a supervisor or manager about employment discrimination (this includes harassment)... Answering questions during an investigation of alleged harassment (this includes government and employer investigations)... Refusing to follow orders that would create a hostile work environment… Resisting sexual advances… Intervening to protect someone from sexual advances… Requesting accommodations for a disability… Requesting accommodations for religion… or asking managers or co-workers about salary information to uncover potentially discriminatory wages
Retaliation in the workplace is a complicated mess. It can happen in a variety of ways for numerous reasons. If you find yourself dealing with retaliation, you need to say something. Make sure to document everything that happened and create an accurate timeline of events.
If you can’t turn to your boss for help, try turning to HR. If the company still doesn’t alleviate the situation, you always have the option of contacting a lawyer. The best way to deal with retaliation is to stop the hostile environment from happening in the first place. Anti-harassment training is the best way to curb incidents of retaliation in the workplace.
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