Protecting the Rights of Workers
and All Employee Rights Cases
A hostile work environment in the workplace is a situation in which a supervisor's or coworker's repeated actions make it impossible for an employee to perform his or her job duties. There are several things that have to be proven to establish a legal claim about a hostile work environment since it is possible to have a hostile environment without it being illegal.
Types of Harassment
Many different types of actions can make a workplace uncomfortable, but only specific types of actions are considered harassment. This most often includes sexually suggestive comments, leering, or sexual e-mails; remarks about a person's age, race, gender, or personal beliefs; or remarks about a person's physical or mental disabilities. Though unpleasant, teasing and rudeness not related to these areas are usually not considered harassment. However, for harassment to be considered illegal, the actions must be done because of someone/s status in a "protected class." The statuses that make up protected classes generally include race, gender, age, disabilities, and certain health statuses, like having Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS).
If the harassment is not related to a person's protected class status, then it is usually impossible to establish a claim of an illegal hostile work environment. For instance, an employer could continually yell at an employee because she doesn't like the way he wears his hair, and it wouldn't be illegal, since having a certain type of hairstyle doesn't put a person in a protected class. If the employer made jokes about an employee's ethnicity or sent him sexually suggestive photos, then that would be a case of an illegal hostile work environment.
If you have questions or concerns regarding Non-Compete Agreements, and other Labor and Employment Law issues or disputes, please contact Orlando Attorney - Lawyer N. James Turner.
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