While some of us work with fair and temperate managers and co-workers, this is not true for everyone. Far too many employees experience daily insensitivity from managers or co-workers, in the office or remotely. These unfortunate workplace situations can be so impactful they manifest emotional—even physical—issues. And in many such cases, those employees impacted by these words and deeds believe they work in a "hostile work environment."

Although there is such a thing, the determination whether a particular environment is legally hostile, permitting the employee to seek relief through an equal employment opportunity complaint or charge, is complicated.

Hostile Work Environment

The ordinary meaning of the word "hostile" is unfriendly, oppositional or antagonistic. Many would assume that a hostile work environment claim includes all unfriendly, oppositional or antagonistic workplace environments.

In truth, anti-discrimination laws were never meant to redress all workplace hostility. Instead, these laws provide specific remedies to employees and former employees who have endured severe or pervasive discriminatory speech or conduct. This protected class includes employees and former employees who have experienced workplace hostility based on their race, color, religion, sex (including pregnancy, sexual orientation or gender identity), national origin, age (40 or older), disability or genetic information (including family medical).

[SHRM members-only toolkit: Managing Equal...

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