Intimidating hostile or offensive work
Discrimination is monitored and guided by the Equal Employment Opportunity Commission (EEOC) which was created by the Civil Rights Act of 1964.
So, a coworker who talks loudly, snaps her gum, and leans over your desk when she talks with you, is demonstrating inappropriate, rude, obnoxious behavior, but it does not create a hostile work environment.
On the other hand, a coworker who tells sexually explicit jokes and sends around images of nude people is guilty of sexual harassment and creating a hostile work environment.
A boss who verbally berates you about your age, your religion, your gender, or your race may be guilty of creating a hostile work environment.
Lastly, the victim or witnesses must reasonably believe that tolerating the intimidating, offensive, abusive or hostile work environment is a condition of employment; in other words, the victim or witnesses must reasonably believe that they have no choice, but to endure the workplace harassment to keep their jobs.
According to the Equal Employment Opportunity Commission (EEOC), the government agency responsible for enforcing Federal discrimination laws: "Offensive conduct may include, but is not limited to, 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." The EEOC indicates that the offensive conduct must be pervasive or serious enough, such that a reasonable employee would consider it to be intimidating, hostile or abusive.
However, to be the Sex discrimination includes harassment based on gender, pregnancy, childbirth or abortion, and in several states and Federal employment, on the basis of sexual orientation (sexual preference), marital status or parental status.
Disability discrimination includes harassment for having AIDS (acquired immune deficiency syndrome).
They require employers to prohibit such actions and impose sanctions on management that perpetuates such conduct.But, the reality is that for a workplace to be hostile, certain legal criteria must be met.A hostile work environment is created by a boss or coworker whose actions, communication or behavior make doing your job impossible.Regardless of the process, you may need a lawyer to help with the filing and to represent you during hearings.