The legal definition of a hostile work environment
According to the law in the United States:
A ‘hostile work environment’ is a workplace where there are serious instances of harassment and discrimination against protected characteristics such as race, color, religion, sex and pregnancy, national origin, age (40 or older), disability or genetic information.
More specifically, this type of unwelcome conduct is potentially illegal when it’s severe or pervasive enough to result in creating a hostile work environment.
The Equal Employment Opportunity Commission (EEOC) indicates that “petty slights, annoyances, and isolated incidents (unless extremely serious)” aren’t considered illegal. This means that an employee might be able to file a successful lawsuit if they face unwelcome, discriminatory conduct (e.g. racial slurs) on a regular basis, but they might not be able to win a legal battle about a single off-hand insult.
|Note that neither Workable nor the author provide legal advice. Always consult an attorney for legal matters.
The well-being of a workplace goes beyond laws
Based on the hostile work environment definition above, not every unpleasant workplace can result in legal trouble. If your colleagues steal another colleague’s lunch, gossip about that colleague’s personal life, play a cruel prank on a colleague or make a single sexist joke, you have some hostile work environment examples that are probably not illegal. But, consider that:
- Any kind of unwelcome conduct, whether illegal or not, makes people feel unsafe and unhappy. Apart from the ethical concerns, tolerating unwelcome conduct can reduce employee productivity, engagement and retention, and also affect the company’s employer brand.
- Victimization and harassment against people in the workplace, even if they’re not on the basis of protected characteristics, lay the foundation of unlawful behavior. For example, if someone gets away with making disrespectful or inappropriate comments against their colleagues, they might decide to attempt more severe conduct, too.
So, in that sense, we can broaden the meaning of hostile work environment to go beyond legality:
A hostile work environment is any workplace where at least one reasonable employee feels disrespected, humiliated or ignored, and these feelings can be detrimental for work relationships and business results.
If you suspect that someone bullies, offends or victimizes others, or if you’ve been the recipient of this conduct, step up and take measures against this behavior, whether it’s reporting to HR, talking directly with the offender or taking other appropriate actions. This will not only be important for the well-being of your workplace, but it’s also simply the right thing to do.
Learn more about the hostile work environment definition and find out ways to recognize and deal with a hostile work environment in our guide.
Want more definitions? See our complete library of HR Terms.
Frequently asked questions
What qualifies for a hostile work environment?
Harassing or inappropriate behavior doesn't just create a bad work environment; it's also illegal. This includes harassment based on gender identity and sexual orientation as well as other factors such as race.
What are the three types of hostile work environments?
A hostile work environment includes intimidating surroundings, offensive behavior, and physical or mental abuse.
What are the signs of a toxic workplace?
Lack of clear communication is the most common problem in toxic workplaces. This can lead to employee confusion and anger, affecting productivity and mental health.