A HOSTILE WORK ENVIRONMENT EXISTS when an employee or member experiences workplace harassment and feels uncomfortable going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser.
A HOSTILE WORK ENVIRONMENT may also be created when management acts in a manner designed to make an employee quit in retaliation for some action. For example, if an employee reported safety violations at work, was injured, attempted to join a union, or in some way caused trouble for the management, then their response might be to harass and pressure the employee to quit. Actions that could be taken in furtherance of this might include inappropriate disciplinary procedures, reduced hours or wages, unreasonable scheduling or workload or similar things.
Harassment that is not overtly sexual in nature but is based on gender, sex-stereotyping, or sexual orientation also is prohibited by law if it is sufficiently severe to deny or limit a person's ability to participate in or benefit from educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work environment. In determining whether a hostile environment due to sexual harassment exists the law may take into account acts of discrimination based on gender, sex-stereotyping, or sexual orientation or preference.
