What is a hostile work environment and is it illegal?

A hostile work environment is a type of employment discrimination. It comprises unwelcome comments, behavior, or conduct based on protected characteristics, such as race, color, national origin, sex, disability, or religion. It is characterized by conduct so severe or pervasive that it alters the conditions of employment and creates an environment that a reasonable person would find intimidating or abusive. In North Dakota, hostile work environments are illegal under federal and state laws. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces workplace laws prohibiting discrimination. Additionally, North Dakota has its own anti-discrimination laws, including the Human Rights Act (HRA). Under state law, employers cannot discriminate against employees in any aspect of employment, including hiring, firing, pay, benefits, job assignments, promotions, and training. The EEOC and the HRA protect employees from a hostile work environment based on categories protected under both the EEOC and the HRA. Examples of behavior that could create a hostile work environment include, but are not limited to, derogatory or offensive comments, jokes, slurs, name-calling, physical violence, or any other behavior that makes an employee feel uncomfortable, intimidated, or threatened. If you experience a hostile work environment in North Dakota, you can file a complaint with the EEOC or HRA. An employer found guilty of creating an illegal hostile work environment can be held liable for damages, including attorney’s fees, back pay, punitive damages, and reinstatement or promotion.

What is a hostile work environment and is it illegal?

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