What is the legal standard for a hostile work environment?
A hostile work environment is a form of workplace discrimination that is prohibited under civil rights law in South Dakota. It occurs when an employee experiences unwelcome, severe, or pervasive behavior that creates a hostile or intimidating work atmosphere. The legal standard used to determine whether a hostile work environment has been created is whether a reasonable person with the same background and in the same circumstances would find the environment to be hostile or offensive. The behavior must be serious enough to substantially interfere with the employee’s ability to perform his or her job. Factors that could create a hostile work environment include offensive comments, insults, harassment, and intimidation based on factors such as race, gender, age, disability, or sexual orientation. A hostile work environment is not only a violation of civil rights law in South Dakota, but can also lead to legal action. It is important to recognize the warning signs of a hostile work environment and to take action to prevent it from occurring. If you think you may be experiencing a hostile work environment, it is important to talk to an attorney who can help you understand your rights and advise you on your next steps.
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