When someone in the workplace engages in discriminatory harassment against an employee it may create a hostile work environment culminating in an employment discrimination claim. Hostile work environments are prohibited under various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA). Workplace discrimination based on sex, including sexual harassment, sexual orientation and pregnancy, race, age, religion, national origin, disability or other protected classes can create a hostile workplace environment making it difficult for an employee to carry on.
The legal standard to bring a hostile work environment claim is high and can be difficult to prove. Guidance from the U.S. Supreme court requires that a hostile work environment should be judged on the frequency and severity of discriminatory conduct, and whether it unreasonably interferes with an employee’s performance of their duties. Offhand or isolated incidents of making derogatory comments, even those discriminatory in nature, typically are not considered harassment rising to the level of creating a hostile work environment. Harassment must be related to an employee’s membership or perceived membership in a protected class; it must be severe and/or pervasive, interfering with an employee’s ability to do their job or change the terms and conditions of employment.
When discriminatory conduct at work creates a work environment that would be intimidating, hostile, or offensive to a reasonable person, an employee may be able to hold an employer liable if they fail to act. When you or a family member is subject to severe or pervasive discrimination based on sex, race, religion, national origin, disability or another protected class creating a hostile work environment it is important to seek help. Contact the employment discrimination lawyers at Alan C. Olson & Associates for immediate assistance at 262-785-9606.
