Creating an intimidating work environment
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Under the “hostile work environment” theory of harassment or discrimination, it is not required that you be subject to direct harassment ; simply being in an environment where harassment is pervasive and severe enough to alter your working conditions and create a hostile work environment will suffice.
As it relates to the “hostile work environment” theory of harassment or discrimination, the harassing conduct does not need to be so severe that you suffer psychological damage, the conduct must only make it reasonable to perceive the work environment as intimidating, offensive, or hostile.Upon being hired, Plaintiff was warned that creative process in writing show involved sexual discussions and coarse language, and most of the conduct took place in group sessions with both male and female writers recounting sexual experiences while brainstorming and generating script ideas for adult-themed show; Plaintiff failed to show how vulgar discussions and conduct affected her work hours or duties in disparate manner.As mentioned at the beginning of the section detailing the various factors, this is the crux of the “hostile work environment” theory of liability.Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment.They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated.