Ideally, your workplace should be someone you actually want to be each day. Of course, we can’t all be fortunate enough to have a job that we genuinely enjoy; however, no one should be forced to endure a workplace that is downright hostile.
In fact, in the United States there are both state and federal laws that protect workers from having to endure a hostile work environment.
To know if your working conditions qualify as a hostile work environment though you need to understand how the law defines the term. For example, is it a hostile work environment if your boss teases or makes fun of you?
Discrimination in the workplace is illegal in the U.S. if it is based on one of several protected classes, traits, or characteristics.
In other words, not all discriminatory conduct is illegal in the workplace. Examples of characteristics that are protected include, but are not limited to race, color, sex, national origin, religion, age, and disability.
This means that if your employer engages in discriminatory conduct based on your nation origin, for example, that conduct is a violation of both federal and state law.
Employment discrimination often occurs during the hiring or firing process; however, sometimes it manifests as ongoing conduct in the workplace.
When this occurs it may be considered harassment.
Harassment refers, as a general rule, to ongoing conduct on the part of the employer, co-workers, or even non-employees who frequent the workplace.
A single comment or isolated incident of teasing is likely not enough to constitute harassment but if the conduct continues unabated it may rise to the legal definition of harassment.
A hostile work environment may also qualify as harassment.
According to the Equal Employment Opportunity Commission, “A hostile work environment is a form of harassment.
It is demonstrated by such severe and pervasive conduct that permeates the work environment and interferes with an employee’s ability to perform his or her job.”
Whether or not your work environment is a hostile work environment depends on the unique facts and circumstances of your situation.
For this reason you should consult with an experienced Florida employment law attorney right away if you feel that your workplace is hostile and uncomfortable for you.
If you have additional questions or concerns about FMLA leave or employment law in general, contact the experienced Florida discrimination attorneys at Celler Legal, P.A..