The document discusses the definition and legal criteria for a hostile work environment, highlighting that isolated incidents and minor annoyances generally do not qualify as illegal. It specifies behaviors that can contribute to a hostile environment, such as sexual harassment and discriminatory comments, and provides guidance on how employees can address these issues. Additionally, it emphasizes the importance of treating harassing behavior as misconduct to prevent escalation to a legally actionable level.

1. Littleton Alternative Dispute Resolution, Inc.
The Hostile Work
Environment, as Defined
by Law

2. Employees have varying ideas of what constitutes a hostile work environment. While
an obnoxious boss, an annoying coworker, or the lack of benefits and recognition may
make their job harder for some, there are certain legal criteria for a work environment
to qualify as “hostile.”
According to the U.S. Equal Employment Opportunity Commission (EEOC), non-serious
isolated incidents, petty insults, and annoyances will not escalate to the level of
illegality. For conduct to be unlawful, it must create an environment that would be
intimidating, offensive, or hostile for reasonable people.
Examples of Hostile Behavior
Behavior that may contribute to a hostile environment may include, but are not limited
to, commenting on a co-worker’s physical attributes; showing sexually suggestive or
racially insensitive images; using crude language or indecent gestures; discussing
sexual activities; engaging in hostile physical conduct, and; sabotaging someone’s
work.

3. A coworker who always tells corny jokes in a loud voice doesn’t create a hostile
working environment. If the jokes are sexually explicit, however, then they are guilty
of sexual harassment.
Moreover, a boss who always makes a negative comment about an employee’s
religion, gender, race, or age may be guilty of creating a hostile environment. It can
still be harassment even if they made the remarks in a casual way or played it off as a
joke.
How to Deal with a Hostile Work Environment
An employee may request the offending party to stop their behavior or ask Human
Resources to interfere if they can’t do it on their own. Moreover, a third party may also
conduct the mediation over the issue.

4. Sources:
https://www.thebalance.com/what-makes-a-work-environment-hostile-1919363
http://www.ladrmediation.com/
https://www.eeoc.gov/laws/types/harassment.cfm
https://www.dol.gov/oasam/programs/crc/2011-workplace-harassment.htm
The Department of Labor’s Harassing Conduct Policy, on the other hand, states that
the best way to limit the harassing conduct is to treat it as misconduct, even if it
doesn’t reach the requirement to make it unlawful. The policy’s goal is to eliminate
harassment before it becomes pervasive and severe enough to violate the law.