A hostile work environment occurs when an employee experiences harassment or discriminatory behavior that is severe or pervasive enough to create a work atmosphere that is intimidating, hostile, or abusive. 

Imagine a workplace where someone constantly makes racist jokes, even after being asked to stop. Or, picture a scenario where a female employee is repeatedly subjected to unwanted sexual advances. These situations illustrate the concept of a hostile work environment.

A hostile work environment doesn’t just involve a single, shocking incident. It can be created by a pattern of less severe, but still unwelcome, behaviors. For example, if someone constantly makes derogatory comments about a colleague’s religion or repeatedly excludes them from social events, it can create a hostile atmosphere.

Here are key elements that constitute a hostile work environment:

• Severe or pervasive: This means the behavior is either extremely serious or happens frequently enough to create a hostile atmosphere. A single, isolated comment might not be enough, but repeated negative remarks can create a hostile environment.

• Targeted behavior: The behavior must target a specific protected characteristic like race, gender, sexual orientation, religion or disability. It’s about targeting someone because of who they are, not just any type of unpleasant behavior.

• Unwelcome behavior: The behavior must be unwanted by the victim.  This means the employee has expressed discomfort or disapproval of the actions. If an employee clearly states they don’t appreciate certain comments or actions it reinforces that the behavior is unwelcome.

• Impact on Work Performance: The conduct must interfere with the employee’s work performance or create an intimidating or offensive work atmosphere. This means the harassment affects their ability to do their job or makes the workplace uncomfortable.

Employers have a responsibility to create a safe and respectful work place. If they are aware of hostile behavior and don’t take appropriate action, they can be held liable.