Hostile Work Environment, Harassment, and Discrimination Claims by Employees

Unless an employer has an all encompassing "no tolerance" policy for harassing behavior, there is very little protection against bullying bosses and coworkers unless their behavior is discriminatory.

Updated By , J.D., University of Missouri School of Law
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Anyone who has suffered harassment by managers and co-workers knows how negatively it affects the quality of the employment relationshipoften turning the workplace into a "hostile work environment." These behaviors can turn a dream job into a real nightmare. Some forms of harassment, discrimination, and retaliation are illegal, but others are simply not legal issues with an obvious solution.

Emotional Abuse, Favoritism, and General Harassment

Estimates suggest that some 20 million U.S. workers suffer workplace abuse daily. Yet our legislatures have resisted passing laws that would prohibit bullying and harassment in the workplace. Unless an employer has an all encompassing "no tolerance" policy for harassing or abusive behavior, there is very little protection against bullying bosses and co-workers. This barrier to seeking a remedy for behavior that is obviously abusive and unfair is frustrating to employees and attorneys alike.

The solution is often found in good, creative lawyering. An experienced attorney can try to put the employer on notice that these harassing behaviors are counterproductive and pose risks to employee and employer alike, such as increased absenteeism, lower productivity, morale problems, and even legal claims for workers' compensation benefits, unemployment benefits following a constructive discharge, and violation of civil rights.

Unlawful Harassment, Discrimination, Retaliation against Employees and Contractors

The protections are much clearer when an employee is subject to harassment, disparate treatment, or adverse employment action based on characteristics that have been given specific protection by federal or state civil rights law (such as race, age, gender, disability, sexual orientation, religion, and so on).

A hostile work environment characterized by outrageous conduct or communications that relate to a protected civil right is recognized formally as a hostile work environment under federal and state law. Additionally, employees engaged in a "protected activity," such as reporting labor violations or civil rights violations, are legally protected from retaliation by the employer.

The strategy for the lawyer in this situation is much clearer, and the options for the employee are more numerous when a manager or co-worker engages in a clear violation of law.

Seek Legal Advice

Experienced employment lawyers deal with these ambiguities daily and develop strategies for achieving the best outcome given the unique facts of each case and client situation. When faced with harassment or discrimination you should quickly seek the guidance of an employment law attorney that represents employees in such disputes. Left unaddressed, these situations tend to get worse over time. That means doing nothing is a losing strategy.

Get Professional Help
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By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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