subject: Situations that May Trigger Hostile Work Environment [print this page] Employees are protected by federal and state laws against acts of discrimination and harassment. Among these federal laws are Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Equal Pay Act of 1963, and Americans with Disabilities Act of 1990.
Discrimination Federal laws Civil Rights Act of 1964 - It protects employees on the basis of race, color, age, ethnicity, gender, and religion.
Age Discrimination in Employment Act of 1967 - It mandates employers to refrain from discriminating older employees who are at least 40 years old. The amended "Older Workers Benefit Protection Act of 1990" includes stipulation on special compensation or benefit program for 40-year-old employees and above.
Equal Pay Act of 1963 - All employers are required to provide just compensation and fair labor treatment to all employees. It includes stipulations on overtime pay and wage rate. It prohibits discrimination on wage rate on the basis of gender.
Americans with Disabilities Act Amendments Act of 2008 - It prohibits employers from discriminating employees on the basis of disability. Qualified applicant and employees are entitled to receive reasonable accommodation to fulfill job responsibilities. The Equal Employment Opportunity Commission (EEOC) implements discrimination and harassment laws and accepts complaints from employees.
The above laws include prohibition on harassment, including hostile work environment. Hostile work environment is created when repetitive and abusive conduct affects the workplace and hinders the employee from fulfilling work responsibilities.
Here are some samples of situations that may constitute a hostile work environment:
1. Some officemates are hurling insults relating to your race, skin color, age, ethnicity, age, or pregnancy.
2. A colleague is citing discriminatory remarks on your religion
3. An immediate supervisor has been making offensive comments on your body
4. The manager is asking for some sexual favors in exchange for a promotion or salary raise.
5. Repeated ridicule, slur, and joke over one's age.
6. Malicious gesture, rubbing or touching one's private body parts
7. A co-employee threatens you or forces you to engage in sexual relations
8. Male employees are given higher salary, benefits, or better promotion opportunities that female employees.
A behavior, action, or misconduct must be severe or repetitive to be considered as discriminatory. In a harassment act, it must be pervasive and has affected the employee's work condition.
The employee has to prove that the hostile work environment has created a tangible stress or harm. If you are harassed or are suffering stress caused by a hostile work environment, you can file a Discrimination complaint against your employer.
Consult with an Employment Law Attorney in Los Angeles to help you go through the process of litigation.
Situations that May Trigger Hostile Work Environment
