Employment Law Basics

Sometimes, people use the term “hostile work environment” in reference to nearly any unpleasant work situation: A rude boss, obnoxious coworkers, an unpleasant office or lack of benefits. It’s true that these issues can make a work environment very undesirable, but they do not necessarily meet the legal definition of a hostile environment.

Technically, 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. If you are wondering whether your current work conditions could be considered a hostile work environment, continue reading for a list of requirements and examples. 

What counts as a hostile work environment?

Your situation may meet the legal requirements of a hostile work environment if:

• The behavior is discriminatory against gender, race, religion, age, orientation, disability or nation of origin– categories protected by the Equal Opportunity Commission
• A reasonable person would find the work environment hostile or abusive
• The conduct has become a pervasive and long-lasting problem
• The employer has failed to investigate and address the issue
• The victim’s desire or ability to work has been affected
• The employer knew about the hostile behavior but did not adequately intervene

Examples of a hostile work environment:

Merely being teased or excluded by your colleagues is rude, unprofessional and possibly a firing offense, but it is not necessarily legally hostile. Consider these examples of hostile work environment harassment:

• Discussing sex acts or using sexually suggestive language
• Telling offensive jokes about protected categories of people
• Making unwanted comments on physical qualities
• Displaying racist or sexually inappropriate pictures
• Using slurs or insensitive terms
• Making inappropriate gestures
• Sabotaging an employee’s work or career
• Unwanted touching

Dealing with a hostile environment

The first step is to address the conduct with the proper authorities at your job. If this is not possible, or if you have tried it and the situation did not change, the next option may be litigation. An employment attorney in your area can help you fight to stop the behavior and receive compensation. If your workplace has become discriminatory and hostile, you do not have to suffer alone.

Sexual orientation is a protected class, just like race or gender, meaning employers cannot discriminate against workers due to heterosexuality, homosexual or bisexuality.

How do you know if discrimination is present in the workplace? Here are five examples so that you know what to watch out for:

• Giving workers of a certain sexual orientation lowering rankings and worse reviews than other workers, for no reason other than their orientation.
• Handing out promotions to workers of one sexual orientation over workers of another.
• Showing any other type of preferential treatment, such as giving more desirable jobs or positions to those of a specific orientation.
• Discriminating in any way based on an assumed orientation, whether that is true or not. For instance, it is illegal to pass over someone for a promotion on the grounds that he or she is thought to be of a homosexual orientation, even if the reality is that the worker is of a heterosexual orientation.
• Insulting someone, making disparaging remarks, threatening them or doing any other type of bullying based on orientation. Any action that can create a hostile work environment is prohibited.

It is worth noting that not all workers will agree on what creates a hostile work environment. For example, one worker could feel that he or she is being bullied while others say they’re just joking around. This could still make a hostile workplace, even if the workers carrying out the discrimination did not have that intent.

It is very important for people to know all of their rights in the workplace and what legal options they have when those rights are breached.

Federal and state laws protect workers from retaliation if they file a complaint or become a whistleblower. Far too often, however, workers who assert their rights are retaliated against.

It’s important to not only know your rights, but to know the legal terms for when and how they are being violated. One of the most important is the term “adverse action.” If you have filed a complaint with your employer, especially if it is the federal government, you should know what actions they cannot take against you.

Types of adverse action

In general, an adverse action is anything which changes your employment situation in a negative way. If it comes immediately after a complaint or file a notification as a whistleblower the situation is escalating. Workers who assert their rights are protected from adverse actions, which include:

• Reducing or threatening to reduce your salary
• Placing you on suspension
• Reassigning you to a new position in a less favorable location

Anything which changes your employment status that you did not request can be considered an adverse action. This can include unintended negative actions, such as relocating you in an effort to “separate” you from the person you are complaining about.

Who is protected

It’s not just those who file a complaint or blow the whistle who are protected, it’s also everyone that investigates the claim who is protected.

It does not matter whether your complaint is sustained or not, either. Your employer cannot take action against you even if your claim is found to not have merit.

Know your rights

If you feel that there has been an adverse action taken against you by your employer, you need to understand your rights. There are laws that protect you, and federal workers in particular have many rights against retaliation.

It is important to at least consult with an employment attorney if your workplace is becoming hostile. The sooner this can take place, the better, as adverse actions often continue to worsen and you could be in danger of losing your employment altogether.

Workers often notice safety issues and still elect to say nothing. For instance, an employer denies workers proper fall protection gear, saying it’s too expensive and slows down the job. Workers know they need it, but no one has fallen yet, so everyone stays silent.

Often, the fear is simply falling out of favor with the company. If you complain to your boss, are you going to lose your job? The next time you’re up for a promotion, will it go to someone else? If there’s an unfavorable task that needs to be done, will it go to you? Employees are so obsessed with trying to please their employers that it makes them scared to do the right thing.

Don’t be. You have legal protections under whistleblower laws. If you report a real safety concern, you can’t be fired for it. You can’t be demoted or have your hours cut. Your employer is not allowed to retaliate against you, and, if it happens anyway, there are legal steps you can take to fight back.

Examples of complaints you can make include:

• Violations of commercial motor carrier safety laws and regulations
• General workplace safety and health issues
• Airline safety standards
• Pipeline safety issues
• Nuclear safety regulations
• The use of asbestos in schools
• Environmental violations
• Corporate fraud and trade violations
• Security issues regarding public transportation
• Railroad carrier safety issues

These are just a few examples, but they show how safety issues are well-addressed across the board. If you’d like to learn more about your right to safety in the workplace or your whistleblower protections, our website can answer many of your most pressing questions.

Although there are many laws in place with a goal to prevent discrimination in the workplace in the United States, the sad fact is that gender discrimination still occurs, both in subtle and nonsubtle ways. Sometimes, it is acts of microaggressions that create a negative atmosphere in the workplace, and these are what need to be challenged from a legal perspective if real change is to be made.

Many people that are recipients of microaggressions and subtle acts of discrimination in the workplace may not want to take action for fear of being perceived as overreacting. However, the law provides protection from the more subtle types of gender discrimination, and it is important that victims feel empowered to stand up for their rights in this regard.

How am I legally protected from gender discrimination?

There are many protections in place in the state of Maryland when it comes to gender discrimination. This may be in very obvious ways, such as refusing to hire women or men for a certain position. A more subtle example of gender discrimination could be demanding that women wear certain attire to work while not requesting the same as men, or routinely promoting a certain gender at work while not promoting equally qualified employees of another gender. Being able to show a clear pattern in the gender pay gap can also be a reason to take legal action against gender discrimination.

If you believe that you have been a victim of gender discrimination in the state of Maryland, it is important to understand how the law applies to your particular situation.

The United States Equal Employment Opportunity Commission (EEOC) is in place to create and enforce protections for employees. One of the standards in place is the protection of employees from retaliation from their employer. This means that in many circumstances, it is illegal for an employer to retaliate against their employee.

These circumstances can vary greatly, and the protections depend on certain criteria being present in order the for them to be valid. Therefore, it is important to understand the details of the law when it comes to employer protection and apply it to your specific situation.

When is it unlawful for an employer to retaliate?

If an employee is witness to or involved in an EEOC investigation or charge, then they automatically have immunity from any retaliation from their employer.

This is also true when it comes to any type of discrimination. If an employee makes a report of any kind of discrimination of harassment taking place, or if they have resisted harassment or intervened with harassment on behalf of another person, they are also protected from retaliation.

In the same light, an employee is also protected from retaliation if they have recently made a request for alterations to their working routine or environment based on their religious requirements or disability.

Employees also reserve the right to inquire about the salaries of managers or fellow employees without fearing that they will face retaliation as a result.

If you believe that you have been wrongfully retaliated against at work, then it is important to try and identify why you believe the retaliation was illegal before taking action.