What is the Legal Definition of a “Hostile Work Environment?”
- Jordan D. Howlette
- Aug 1, 2024
- 4 min read
Updated: Apr 5
American workers are owed protections to pursue employment and compensation for their talents and abilities. These protections give us the opportunity to secure financial stability for ourselves, our families, and our communities. Unfortunately, not everyone is afforded a productive and safe environment to conduct the work they were hired to do.
Facing a hostile work environment significantly limits your ability to be productive and effective as a worker while also creating traumatic experiences. These experiences often hinder your ability to continue the work in your current role and often completely derail even the most productive careers. But what exactly is a hostile work environment in the eyes of the law and how does this protect you?
Workplace Discrimination, Harassment, or Retaliation
A hostile workplace is legally defined as a workplace where an employee is subjected to employment discrimination, harassment, or retaliation based on their membership or perceived membership in a protected class. The last part is crucial because people often mistake annoyance and nuisance for a “hostile work environment,” but the law doesn’t view all unwelcome behavior equally. In fact, courts have made clear that federal discrimination laws are not “a general civility code for the American workplace.” Thus, “ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing” generally are not sufficient to prevail on a hostile work environment claim.
Protected classes, as defined by Title VII of the Civil Rights Act of 1964 (and multiple anti-discrimination laws that followed) include:
Race/Ethnicity
Color
Religion
Sex
Pregnancy status
Sexual orientation
Gender identity
Nationality
Age (age discrimination only applies to those 40 and older)
Disability
Military service
Genetic information including family medical history
Any intentional discrimination, harassment, or retaliation that targets these classes in the workplace is automatically owed protections under the law of the United States and is upheld by the Equal Employment Opportunity Commission (EEOC).
What If I’m Not Part of a Protected Class?
Ultimately, everyone is part of a “protected class” in the sense that each of us has a designated race, sex, religion (or lack thereof), skin color, and every other item on the list. There are undoubtedly groups that are more often marginalized and targeted based on these categories, but we are all in a protected class if the unwanted behavior targets us specifically because of the above classifications.
However, what if you’re not being targeted because of those reasons and are instead just dealing with a rude coworker or an overly demanding boss? Frankly, there’s no legal recourse in these situations unless or until the actions cross other legal boundaries.
Defend Your Rights in the Workplace
At Justly Prudent, we are a diverse group of legal professionals committed to pursuing justice for those who have been deprived of their civil rights or individual liberties. In line with our unwavering Justice, Equity, Diversity, and Inclusion (JEDI) policy, we will stand up for any American worker who is unlawfully targeted in the workplace because of their race, sex, religion, or other federally protected characteristic. Whether you’ve already separated from your workplace or are considering an exit strategy due to the issues defined above, please contact our office to learn more about your rights in the workplace and the ways in which we may be able to help.
About the Author
Attorney Jordan D. Howlette is the founder and Managing Attorney of Justly Prudent, a civil rights law firm committed to confronting systemic injustice and holding wrongdoers accountable. Since transitioning from a successful tenure as a trial attorney in the U.S. Department of Justice, Jordan has dedicated his practice to representing individuals and businesses whose civil rights and individual liberties have been violated by public officials and institutions.
Under Jordan’s leadership, Justly Prudent has brought forward high-impact civil rights cases against local governments and agencies for egregious misconduct, including unlawful property seizures, racially discriminatory harassment, and abuses of regulatory power. His litigation strategy blends sharp legal analysis with an unrelenting commitment to equity, ensuring that every client—regardless of their background or resources—has a powerful advocate in their corner.
Jordan’s work has earned recognition for its courage and creativity in advancing justice through the courts. A veteran of the U.S. Army and a cum laude graduate of New England Law | Boston, he brings principled discipline and strategic focus to every case he handles. As Managing Attorney, Jordan continues to build Justly Prudent into a leading voice for civil rights and government accountability across the country.
DISCLAIMER: The information in this article is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Justly Prudent or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
