Discrimination and Harassment
August 20, 2024
A hostile work environment can make it difficult for employees to do their jobs effectively. For companies, this can be a serious concern, affecting employee satisfaction, engagement, and overall productivity.
Understanding what constitutes a hostile workplace is crucial to understanding how to prevent one and fostering a positive and inclusive workplace.
According to a survey conducted by CNBC, one in five US employees has experienced workplace hostility. The effects can severely impact not only individual employees, but also businesses by creating higher absenteeism and turnover, and declines in employee morale and productivity.
What is a hostile work environment?
A hostile work environment occurs when the words or actions of a manager or coworker negatively or significantly impact an employee’s ability to do their job. Employees subjected to this environment may feel uncomfortable, scared, intimidated, and apprehensive due to unwelcome conduct, which can include harassment, discrimination, bullying, violence, or other offensive behaviors.
The U.S. Equal Employment Opportunity Commission (EEOC) outlines three criteria that must be met for behavior to legally qualify as a hostile work environment:
- The unwelcome conduct is based on race, sex, pregnancy, religion, national origin, age, disability or genetics
- The harassment is continued and long lasting
- The conduct is severe enough that the environment becomes intimidating, offensive or abusive, making it difficult or impossible for the affected employee to do their job.
It’s important to note that not every unpleasant situation at work qualifies as a hostile work environment. The behavior must be severe, pervasive, directly tied to a protected characteristic, and create an environment that a reasonable person would find intimidating or abusive.
To assess whether a work environment qualifies as hostile, consider these questions:
- Does the behavior discriminate against an EEOC-protected category (gender, race, age, religion, ability, national origin, sexual orientation)?
- Would a reasonable person find the environment hostile?
- Has the behavior been ongoing and/or pervasive?
- Has the affected employee lost motivation or the ability to complete their work tasks as a result of the environment?
- Have you, as an employer, failed to investigate reported issues? If nothing was reported but misconduct was known, did you fail to intervene?
Once a report is made, it’s the employer’s duty to address the issue promptly and effectively to find a resolution. If a case is ignored or mishandled, the employer could be held accountable for creating or allowing a hostile work environment.
Effects of a hostile workplace
The impact of a hostile workplace can be far-reaching, affecting not just the individuals directly involved but also the overall organizational culture and productivity:
- Employee Well-Being: Individuals subjected to a hostile environment may experience stress, anxiety, depression, and decreased job satisfaction, leading to higher absenteeism and turnover rates.
- Team Dynamics: Hostility can create divisions within teams, reduce collaboration, and erode trust among colleagues.
- Organizational Productivity: A toxic work environment distracts employees, hampers productivity, and stifles creativity, negatively affecting the company’s bottom line.
- Legal and Reputational Risks: Failing to address a hostile environment can lead to legal action and damage the organization’s reputation, with long-lasting consequences.
Steps to prevent a hostile work environment
HR professionals can play a unique role in preventing and addressing hostile work environments and fostering a positive workplace. Here are actionable steps you can take:
- Develop Clear Policies: Ensure your organization has clear, comprehensive policies defining what constitutes a hostile workplace and the consequences of such behavior. Regularly review and update these policies to reflect current laws and best practices.
- Promote a Culture of Respect: Foster an environment where respect and inclusivity are core values. Encourage open communication and make it clear that discriminatory or harassing behavior will not be tolerated. Encourage feedback and regular check-ins to ensure employees feel heard.
- Create a Safe Space: Establish a non-judgmental environment where employees feel comfortable discussing their concerns with HR.
- Offer Training for Employees and Managers: Equip managers with the skills to recognize and address hostile behaviors within their teams. Provide regular training on inclusion to all employees, focusing on preventing harassment and fostering a positive workplace culture.
- Regularly Assess the Work Environment: Conduct surveys and focus groups to gauge employee sentiment and identify potential issues before they escalate.
- Provide Support and Resources: Make sure employees know how to report concerns and feel supported and protected when they do. Offer multiple reporting channels, such as an anonymous hotline, and ensure confidentiality. Provide access to mental health resources, like an Employee Assistance Program (EAP), to help those affected by a hostile environment.
- Address Conflicts Promptly and Fairly: When a complaint is made, act quickly to investigate and address the issue. Ensure that the investigation is thorough, impartial, and respects the rights of all parties involved. Take appropriate disciplinary action when necessary and follow up with those affected to ensure the issue is resolved.
- Lead by Example: HR professionals and organizational leaders must model the behavior they expect from others. Demonstrate respect, inclusivity, and a commitment to a positive work environment in all interactions.
By being vigilant, proactive and compassionate, HR professionals can help create workplaces that are safe, supportive and inclusive for all. Your efforts to prevent hostility in the workplace will protect your employees and enhance your organization’s overall success and reputation.
How Traliant can help
Created with the oversight of our in-house legal experts, Traliant offers several compliance training courses to help your employees and managers create and maintain a work environment that is free from hostility, harassment and discrimination:
