What to Do if You’re in a Hostile Work Environment

Most people spend significant time at work — that’s the reality. Employment allows employees to earn income to care for themselves and their families. Considering the duration spent at work and other related factors, employers must ensure the workplace is free from hostility — physical and psychological. Unfortunately, many employees in the United States encounter various forms of aggression and unfair treatment.

Under Pennsylvania law, employers and employees have rights and responsibilities. These laws provide solutions for employees in hostile work environments, including filing a claim at the court or relevant state agency. The attorneys at Weisberg Cummings assist employees whose rights have been violated and protect their interests through effective legal representation.

What Is Considered a Hostile Work Environment?

A hostile work environment could be described as a workplace where employees encounter unwelcome or offensive behaviors from employers, superiors or sometimes colleagues. Hostile conducts create an intimidating and abusive atmosphere, which can manifest in many forms, such as:

1. Bias based on age, religion, sex and disability
2. Discrimination
3. Epithets
4. Harassment
5. Insults
6. Lengthy work hours without adequate compensation
7. Mocking
8. Name-calling
9. Offensive jokes
10. Physical assaults
11. Racism
12. Retaliation
13. Threats
14. Unfair wages
15. Unwanted touching

As an employee, you must understand your rights and the steps to take to prevent or address these issues.

Pennsylvania Laws on Workplace Hostility

Federal and state laws regulate workplace affairs in Pennsylvania. These laws are multifaceted and include the following:

• Title VII of the Civil Rights Act: Title VII outlaws discrimination based on race, religion, nationality and sex. It also makes it unlawful to retaliate against someone who complains of discrimination or harassment baed on a protected class, files or participates in an employment discrimination investigation or lawsuit. In some cases, employers must make reasonable accommodations for employees to practice their religious beliefs. This law only applies to employers with 15 or more employees.
• The Equal Pay Act: Also known as the EPA, this law requires employers to pay persons performing equal work in the same workplace a similar wage. Wage discrimination based on gender or sex is unlawful. Again, employers cannot retaliate when an employee complains, files or participates in an investigation or lawsuit involving wage discrimination.
• The Pregnancy Discrimination Act: The law amended Title VII and made it illegal to discriminate against individuals based on pregnancy, childbirth or a medical condition related to childbirth or pregnancy. Like Title VII and the EPA, the Pregnancy Discrimination Act forbids retaliation.
• The Age Discrimination in Employment Act: Also known as ADEA, the law prohibits discrimination against people aged 40 and above. Employers who retaliate because a person complained, filed or participated in an age-based discrimination or lawsuit violate the law.
• Americans with Disabilities Act: This Act protects people with qualified disabilities or mental or physical impairments that cause significant limitations in life activities. Employers are also generally required to provide reasonable accommodation unless doing so would impose an undue hardship.
• Family and Medical Leave Act: The law, also known as FMLA, requires covered employers to provide employees with unpaid but job-protected leave for up to 12 weeks for specified medical conditions. The medical conditions apply to employees and their family members, such as spouses and children — biological or adopted. The leave duration is also specified under the FMLA. This act applies to employees who have worked 12 months and 1,250 hours for the same employer preceding their requested leave time, provided that the employer has at least 50 employees within 75 miles of the employee’s worksite.
• Fair Labor Standards Act: This legislation sets the legal length of the workweek and required breaks. It also sets the rate of fair wages and determines overtime requirements.
• Pennsylvania Human Relations Act: The Pennsylvania state legislation prohibits discrimination based on race, color, religion, ancestry, age or national origin by employers with more than four employees. Every employee has the right to a safe work environment that does not impede them from performing duties and pursuing prosperity.

Employers are required to comply with federal regulations. In states where the state regulations are more stringent than the federal ones, employers must comply with state regulations. In most states, additional regulations are put in place to clarify or strengthen the federal ones. State regulations also fill in the gaps where federal regulations do not exist.

In addition to the legislation discussed above, case law provides guidance on what constitutes workplace hostility. The challenge is that these laws are complex, with nuances depending on the facts of the case. Fortunately, employment attorneys are trained to leverage them to solve complicated issues.

Employee Rights in the Workplace

Federal and state laws protect employees from abuse and unreasonable working conditions. As an employee, your rights are protected by law, including:

• Your right to be free from retaliation: Employers are prohibited from retaliating against employees who complain, file a claim or support an action against unlawful discrimination. Thus, if your employer treats you poorly, intimidates, bullies or forces you to withdraw or change the story, that may constitute a violation.
• Your right to be free from harassment and discrimination: Your employer, coworkers and even clients are prohibited from harassing or discriminating against you for reasons related to protected legal classes, such as race, religion, national origin, gender, disabilities or age. Each employee must be treated equally under the rules and policies of the company, whether it relates to promotions, raises or any other benefits of the job. All forms of discrimination based upon these protected classes are disallowed.
• Your right to fair wages: Your employer must pay you at a reasonable rate for the work you do. Most jobs are protected under federal and state minimum wages. You cannot be expected to work for free, and your employer cannot withhold or unlawfully tax your pay. Many workers are also legally entitled to overtime pay at 1 1/2 times their normal pay rate for hours worked per week over 40.
• Your right to a safe work environment. Your employer is required to provide you with a work environment that is free of dangerous conditions. Safety equipment and standards must be provided and monitored so you can perform your work with a reasonable expectation of safety.  Unsafe working conditions can be reported to OSHA, and employers are prohibited from retaliating against employees who make reports of unsafe working conditions to OSHA.

How to Handle a Hostile Work Environment

Recognizing a hostile work environment is essential to claiming your rights under Pennsylvania law. Feeling uncomfortable at work because you are being harassed or discriminated against because of your status as a member of a protected class should not force you to find a new job or give up your goal of being promoted. You may take steps to protect your interests. Use the following steps as guidance:

1. Confront the Offender

Workplace hostility can be subjective, and the person may be unaware of the unlawful conduct. Even if they know about the unacceptable behavior, speaking openly can sometimes help resolve the problem. To clarify, ignorance or unawareness is not a defense against an illegality. However, depending on the case, confrontation is an ideal first step. Speaking privately to the offender about the offense you take to their comments or jokes allows them to change their behavior.

2. Build a Paper Trail

Document your conversations with the offender so you can easily quote the date and time when necessary. Also, keep track of the offensive material, whether it’s delivered via email, posted on the employee bulletin board or comments made in your presence. Try to record the date and time as well as who was in the room and might have heard the comments.

3. Go to Management

If the condition continues, report it to a supervisor or human resources department. Use your paper trail to explain the extent of the problem calmly. Employee handbooks often provide guidance as to the proper methods of reporting discrimination or a hostile work environment. Be prepared for any retaliation from the offender because they will likely be confronted about their behavior. Management should follow up with you once they investigate and try to stop the offensive behavior.

4. Seek Help From a Higher Authority

If it’s an option, take your concern to your supervisor’s boss. You may want to consult an attorney if these steps do not end the offensive behavior. Understand that the behavior must meet the legal threshold to have recourse. A qualified labor attorney can evaluate the situation and give you prudent advice.

How to Deal With a Bad Supervisor at Work

Things must get tricky when the offender is your supervisor or person in authority. Considering their level of influence in the organization, you must tread confidently but cautiously. Follow the guides as you would with any other employee, and make the complaints formal if possible. Written correspondence could be used as evidence to prove your claim.

Human resources departments are expected to act independently and fairly regardless of the situation. If you suspect or have clear evidence of bias, consult an attorney immediately. The attorney may intervene to mediate the matter or decide whether further action is appropriate.

Can You Sue Your Employer for Harassment?

If your harassment is unresolved, you can discuss suing your employer with an attorney at Weisberg Cummings. In this case, you must file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC) and sometimes wait for a right-to-sue letter from the EEOC.

The PHRC or EEOC will attempt to resolve the disputes against the employer. The agency may commence legal action on your behalf if mediation is unsuccessful. Otherwise, you can initiate a lawsuit independently to seek legal remedies. Trials can be technical, so partnering with a trusted attorney is best.

How Do You Prove a Hostile Work Environment?

To succeed in a workplace hostility lawsuit, you must establish that the conduct was:

1. Subjectively and objectively offensive
2. Unwelcome
3. Based on your protected status, such as race, color, religion, ancestry, age or national origin
4. Severe enough to cause a loss or impact you adversely

These elements should be supported by sufficient evidence, such as witness testimonies and documents. Also, note that the alleged offender is entitled to file a defense. Thus, to succeed, you must build a strong case and argue persuasively based on the law and facts to get a favorable outcome.

Learn More About How to Handle Workplace Hostility

Workplace hostility issues can be sensitive, so you must consult an attorney. Employment lawyers have experience handling such cases and the knowledge to develop practical strategies. Legal representation increases your chance of success and takes the load off your shoulders.

The attorneys at Weisberg Cummings support Pennsylvania employees and help them resolve complex legal matters. We can examine your case to determine whether you have a legitimate claim and provide tailored assistance. Want to learn more? Contact us now for a free consultation!