What constitutes a hostile work environment?

A hostile work environment is defined as a workplace in which an individual (or a group of individuals) is subject to unwelcome verbal or physical behavior due to their protected class. According to Virginia Civil Rights Law, a hostile work environment could be created by workplace behavior, such as name-calling or negative stereotyping, based on a person’s race, religion, gender, age, national origin, disability, veteran status or sexual orientation. This type of behavior creates an environment where an individual feels unwelcome, intimidated, or degraded. Additionally, a hostile work environment can be created by severe or pervasive unwelcome conduct, such as physical assault, threats of violence, offensive jokes and comments, or persistent ridicule and insults. Even though these behaviors are not explicitly related to an individual’s protected class, they still create an environment that is hostile and intimidating. In Virginia, employers are legally required to provide a work environment free of hostile and intimidating behavior. If an employee brings a claim of a hostile work environment, it is the employer’s responsibility to investigate the issue and take actions to resolve the problem. In extreme cases, an employee who has experienced a hostile work environment can sue the employer for damages.

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