- Sexual harassment is a primary definition by the EEOC of a hostile work environment. The most publicized cases of discrimination involve women who have been propositioned for sexual favors in the workplace. Women and men can experience this kind of favoritism that results in a tangible change of status or benefits by their employer. This abusive behavior can be displayed by any employee or independent contractor, not necessarily a supervisor, to be relevant in creating a hostile work environment. Third party filings for sexual harassment are acceptable in order to protect the complainant from retaliation.
- Examples of inappropriate comments are based on an employees' country of origin, sexual orientation, marriage status or religious beliefs. Socially, we have gained tremendous ground with employers offering internal processes for complaints about discriminatory comments. We are a becoming a global community, which requires that we become more sensitive to our own cultural beliefs. This sensitivity is a strong preventive measure in eliminating unwelcome comments or miscommunication regarding offensive remarks. One incident is not grounds for a hostile work environment complaint.
- Victims of discrimination often feel they do not have an option to quit their job and must endure the abuse that contributes to a hostile work environment. Enduring a hostile work environment, or leaving the position to escape discriminatory practices, should be addressed by the employer's internal policy structures first. Written documentation to the appropriate department or manager is strongly suggested. A formal meeting may also be necessary to address a continued abuse contributing to the hostile work environment. This action is often difficult for someone to pursue. Another recommendation for documenting a perceived hostile work environment is to solicit coworkers, or non-affiliated parties to witness during a formal meeting.
- There are varied limitations dependent upon circumstances. If you are considering filing a claim, consult with the local branch of the EEOC. These consultants can guide you through the process, which might have a short filing window--in some cases of 45 days from an incident. The other time limitations for filing are 180 days, or 300 days depending on local or state laws. Do not delay because of a fear of retaliation.
- Most employers are aware of the loss of productivity, financial liability and extreme toll to their work force that hostile work environments create. It is their responsibility to provide a mechanism for reporting complaints. Any retaliation by an employer against a complainant such as pressuring employee to resign such that the employer is not responsible for unemployment, reduction of hours or wages, or negative evaluations is considered an adverse action. Making a claim against an employer is a protected activity.
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