Hostile and intimidating work environment
A simple way to evaluate whether your claim passes this “reasonable person” test is to explain your working situation to friends or acquaintances, if they strongly agree that your work environment is hostile or unbearable then its likely it is objectively hostile. Generally, a hostile work environment needs to be ongoing and pervasive, typically a single incident or isolated incidents of offensive conduct or remarks generally do not create an abusive environment.” .; EEOC Policy Guidance on Current Issues of Sexual Harassment, N-915-050, No.
Obviously, each case is different, and the EEOC recognizes that a “hostile work environment harassment takes a variety of forms, many factors may affect this determination, including: whether the conduct was verbal or physical, or both; how frequently it was repeated; whether the conduct was hostile and patently offensive; whether others joined in perpetrating the harassment.” Brew v. 137 (March 19, 1990) (“A ‘hostile environment’ claim generally requires a showing of a pattern of offensive conduct.”).
To establish a claim of hostile environment harassment, a complainant (employee) must prove all of the following elements: Failure to meet or prove all of the above elements will likely result in you losing your case.
But the more shocking the abuse or negative environment you have been subject to, the less duration or instances of exposure you will have to demonstrate.A bad boss contributes particularly to an environment that employees may see as hostile.Traditionally, bad managers took the brunt of the blame when employees quit their job.However, if your boss treated you differently because of the color of your skin, and only used your different team alliances as a pretext, that would be considered discrimination.In determining when a working environment is hostile, factors to consider are the frequency of the alleged discriminatory conduct, its severity, whether it is physically threatening or humiliating, and if it unreasonably interferes with an employee’s work performance.