A hostile work environment is a legal term that describes a workplace in which an employee experiences intimidation, harassment or abuse based on a protected characteristic. This unwelcome conduct is so severe that it makes it difficult for the employee to do their job.
What Qualifies as a Hostile Work Environment?
A hostile work environment is one in which an employee is subject to unwelcome conduct based on a protected status like race, sex or disability. The behavior is severe or pervasive enough that it creates an environment a reasonable person finds intimidating, hostile or abusive.
Nearly 20 percent of workers say they work in a hostile or threatening environment, according to a 2017 study of more than 3,000 workers in the United States. Hostile work environments can lead to lawsuits, tarnish a company’s image and hurt employee morale. That’s enough reason for organizations to take steps to foster a positive work culture.
What Is a Hostile Work Environment?
A hostile work environment is a workplace where discrimination, retaliation or bullying make it difficult for an employee to do their job.
To legally qualify as a hostile work environment, this unwelcome conduct must be based on the employee’s membership — even perceived membership — in a protected class such as race, color, religion or creed, national origin or ancestry, age, disability, veteran status or sex (which includes pregnancy, gender identity and sexual orientation).
The conduct must also be severe enough that the employee reasonably considers the workplace intimidating, hostile or abusive, and that enduring the harassment is a condition of their continued employment.
A hostile work environment is not the same thing as a workplace that includes rude coworkers, petty slights or annoyances. So, while a workplace may be toxic or dysfunctional, it isn’t necessarily hostile in the legal sense.
Examples of a Hostile Work Environment
A hostile work environment can manifest in a variety of ways. This list below, while not exhaustive, includes a few examples of a hostile work environment.
- Joe, a software engineer, is frequently harassed by a coworker about his country of origin, causing Joe to skip important company meetings just to avoid this coworker.
- Alex, a sales representative, is subjected to unwanted sex-based harassment by her supervisor. As a result, Alex feels uncomfortable asking her supervisor for help with work, which her colleagues do to get their jobs done correctly. Additionally, Alex’s supervisor told her she can’t report anything to HR without facing professional repercussions.
- Corey, a project manager, is routinely bullied about their disability by a coworker on another team in the break room. Corey noticed that their manager and someone who works in the HR department overhear the comments, but choose to do nothing.
The Impact of a Hostile Work Environment
A hostile work environment may lead to a lawsuit. The Equal Employment Opportunity Commission has cracked down on hostile workplaces, filing 143 discrimination lawsuits in fiscal year 2023, 43 of which targeted hostile work environments.
If the conduct comes from a manager, a company is liable for a hostile work environment, unless (1) the company immediately tries to correct or prevent the behavior and (2) the employee unreasonably fails to take advantage of the corrective or preventive action. If the conduct comes from a non-manager, the company is only liable if it fails to take prompt remedial action when the offense was reported.
It is often difficult to prove that a workplace is unlawfully hostile. Cramer Law Group founder Amy Cramer, who represented five female paramedics in a $1.8 million sexual harassment lawsuit against the Chicago Fire Department, said it is “egregiously hard” to meet the legal requirements of a hostile workplace claim.
Even if a company doesn’t get sued, a hostile work environment will still “eviscerate any sense of psychological safety,” said Richard Birke, lead facilitator and trainer at dispute resolution firm JAMS Pathways.
When employees feel intimidated and uncomfortable at work, or lack a sense of trust and support, they probably won’t want to share ideas that could help the business grow. They might also feel reluctant to collaborate with others and come up with innovative ideas. As a result, organizations may find it difficult to recruit and retain top talent.
Cramer, who has worked on multiple hostile workplace lawsuits, said hostile work environments can take an emotional toll on victims. “I think people underestimate how impactful it can be in other facets of their lives,” Cramer said. “It’s difficult to … be your cheery old self when all these bad things are happening.”
Managers and HR teams might not always be made aware of hostile behaviors, but there are usually signs, like turnover, absenteeism and low morale, that can hint at a hostile environment that may be lurking beneath the surface and impacting the well-being of the workforce.
How to Create a Positive Work Environment
It’s important for managers and HR teams to not only intervene and address harassment or intimidation as it occurs, but to also proactively establish positive workplaces and head off any such incidents from happening in the first place.
1. Provide Training for Employees and Managers
Employee training programs can teach workers what harassment and discrimination looks like and how they can speak up against it. This training should not only be provided during the onboarding process, but also on a recurring basis throughout their tenure.
Managers also need specialized training. Many high-performing individual contributors are promoted into management positions without the management skills, so they should be trained how to create an inclusive environment, resolve conflicts and foster healthy communication.
2. Put Policies and Procedures in Place
Companies should outline what types of behavior are acceptable and unacceptable in their code of ethics or code of conduct policy. These policies should also provide a means for employees to anonymously report discrimination or harassment to the company without fear of retaliation.
Companies typically talk about the values of inclusion, respect and kindness in their code of conduct, but leaders can also go a step further by reinforcing those values through employee recognition programs, performance reviews and other channels.
3. Address Hostile Behaviors
Allegations of bullying, discrimination and harassment should be investigated thoroughly. If the reports of offensive conduct are confirmed, the company should take immediate action to discipline the employee. If the behavior does not rise to the level of hostile, the company should still take prompt action to address the behavior and protect the accuser from further harm.
“Employees need to feel safe and supported as part of an environment that fosters respect and accountability,” said Shelby Veltkamp, human resources manager at Case IQ. “So if there are issues that come up that aren’t adequately addressed…things can escalate and ultimately contribute to a hostile work environment.”
4. Promote Open Communication
When there are breakdowns in communication, people are also less likely to share that they feel uncomfortable with someone’s behavior. That’s why it’s important for companies to set up hotlines to report unethical or inappropriate behavior, and to make sure employees are supported when they speak up.
Promoting clear and open communication is a key piece of building trust in a workplace. Companies should be routinely soliciting feedback from their workforce, which can help leaders gauge employee sentiment but also address bigger issues when they pop up.
“When something does go wrong,” Veltkamp said, “they’re more likely to come forward and speak up if that’s something you’re constantly eliciting from them.”
Frequently Asked Questions
What makes a work environment hostile?
For a work environment to be hostile, the offensive conduct must be based on a protected characteristic, like race, sex or disability, and it must be severe or pervasive enough to be considered intimidating, hostile or abusive by a reasonable person.
Can you go to HR for a hostile work environment?
Employees who are being harassed should notify their HR department so it can address the situation. You should be aware, however, that HR departments aim to protect the company from lawsuits. If you are planning to go to HR, you should consult an attorney to represent your own interests instead of the company’s interests.
What are the types of a hostile work environment?
A hostile work environment could include sexual harassment, racial slurs, insults, threats, intimidation or assault.
