Michigan Hostile Work Environment
Posted by Tamara
Many employees in Michigan have questions about hostile work environments.
The hostile work environment is one of the most misunderstood concepts in Human Resources. This is partly because it is regularly misused in the popular media, including sitcoms like The Office, starring comedian Steve Carell.
No matter how badly an employer or coworker behaves, obnoxious behavior alone does not constitute a hostile work environment. Under the legal definition, a hostile work environment exists when two conditions are met:
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The employee is the target of negative behavior at work from coworkers, supervisors or others due to the employee’s race, color, sex, age (between 40 and 70), disability, pregnancy, national ancestry or religion.
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The employer is aware of the negative behavior but takes no steps to eliminate the negative behavior – creating a hostile work environment for employees in that protected group.
What are some examples of a hostile work environment? What actions can an employee take if a hostile work environment exists? Consider these situations:
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Jane’s employer is a micro-manager who regularly screams, yells, throws papers into the air and berates employees of every age, race and sex. Jane consults a close friend in HR, wanting to know if her boss’s actions constitute a hostile work environment.
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Ted’s employer has taken a personal dislike to him. Although Ted considers his performance average, he is prone to errors in his work. Last month, he made a purchasing mistake that cost the company $7,322. Ted’s boss constantly nitpicks and finds fault with his performance. Ted is constantly afraid that he will be fired.
Neither of these situations is a hostile work environment. Jane’s boss is a jerk, and possibly a poor manager, but his actions do not target employees in any one protected group, so they do not meet the legal test for a hostile work environment in Michigan.
Ted’s employer has singled Ted out for what she perceives as poor work performance – not his race, color, sex or religion.
The EEOC enforces federal laws prohibiting illegal discrimination, including a hostile work environment. Recent suits won by the EEOC include:
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An executive chef at a hotel in Lisle, Illinois who regularly referred to Hispanic employees as “dumb Mexicans” and “wetbacks.” The EEOC found that these statements created a hostile work environment for Hispanic employees, based on national ancestry, race, or both.
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A Pennsylvania bakery recently settled a hostile work environment case involving an African-American worker. The employee was subjected to repeated racial slurs by other workers, including the n-word. Despite the employee’s complaints to management, the slurs continued.
In each of these cases, the companies ended up paying more than $1 million per worker for allowing a hostile work environment to continue.
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