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hostile work environment

A hostile work environment claim is a type of employment discrimination claim under federal law that is based on harassing behavior in the workplace that creates a hostile workplace environment. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision—such as the victim being fired or demoted. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e), the Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. §621), and the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §12101).

Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. 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.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Offensive conduct may include offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including the following:

• The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.

• The victim does not have to be the person harassed but can be anyone affected by the offensive conduct.

• Unlawful harassment may occur without economic injury to or discharge of the victim.

Prevention is the best tool to eliminate harassment in the workplace. 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. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.

Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: (1) it reasonably tried to prevent and promptly correct the harassing behavior; and (2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control—such as independent contractors or customers on the premises—if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

When investigating allegations of harassment, the Equal Employment Opportunity Commission (EEOC) looks at the entire record, including the nature of the conduct and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.

In Texas, a hostile work environment claim falls under the umbrella of employment discrimination and is governed by federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). These laws make it illegal for harassment to occur in the workplace when it is based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. For harassment to be actionable, it must be so severe or pervasive that it creates an environment a reasonable person would consider intimidating, hostile, or abusive, or it must result in a tangible employment action like being fired or demoted. Employers in Texas are expected to prevent and address harassment by establishing clear policies, providing training, and taking immediate action on complaints. Liability for harassment may fall on the employer, especially if the harasser is a supervisor and the employer failed to take appropriate preventive or corrective measures. The EEOC investigates harassment claims on a case-by-case basis, considering the entire record and context of the alleged incidents.


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