What is considered to be a hostile work environment?

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What is considered to be a hostile work environment?

My situation is very long and things are just getting worse for me at my job. I don’t know what to do or where to turn. I have been with my company for over 21 years now, and 3 years ago my son was murdered. Since my return 2 weeks after his death things have gotten really bad for me at there. I know my story is very complex and I really could use some advise.

Asked on October 3, 2010 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A "hostile work environment" is a workplace environment that prevents you from doing your job duties reasonably. In such, a superior or co-worker, either by behavior or actions, creates an environment that is counterproductive to your performing your work duties. However, these behaviors typically must be "discriminatory" in nature and are not just a result of rude or unprofessional behavior.

Note:  Workplace discrimination is action taken against you because you are a member of a "protected class"; in other words race, religion, age, disability, sexual orientation, gender, national origin, etc. must not be a factor in your treatment.

Based on the limited facts that you have presented, it's not clear that neither plays a role in your situation. You should be aware that most employment relationships are what is known as "at will", which means that an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit. In turn, you can work for an employer, or not, your choice.

Note:  Exceptions to the above would be if there is a stated company policy covering your situation, or there is a union/employment agreement to the contrary, or (as stated above) if your situation has arisen due to some type of discrimination.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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