HOSTILE WORKPLACE / HOSTILE WORK ENVIRONMENT
General "harassment", like yelling, screaming, demeaning language, or unfair workload, is generally not "unlawful" if based merely on a personality conflict. Such conduct is only illegal if the harasser is motivated by prejudice to a protected category, such as race, national origin, gender, age, religion, disability, and/or sexual orientation.
Prejudicial motive may be proven by showing that others outside the protected category were treated more favorably. Prejudicial motive may also be inferred from discriminatory remarks, stereotypes, racial joking, or slurs.
Also, only harassment that is sufficiently severe or pervasive to alter the conditions of employment and create a hostile or abusive work environment is illegal. That means that isolated, infrequent, trivial or merely offensive comments would usually not suffice. However, if the comments are severe enough, like egregious racial slurs, they need not be as frequent. Also, if the discriminatory remarks are combined with frequent, general harassment, like yelling, screaming, or use of a demeaning or disrespectful tone, the combination may be sufficient to violate the law.
Whether conduct rises to the level of "harassment" is a fact intensive inquiry and we urge you to consult with a lawyer to assess your particular situation and understand your rights.
Prejudicial motive may be proven by showing that others outside the protected category were treated more favorably. Prejudicial motive may also be inferred from discriminatory remarks, stereotypes, racial joking, or slurs.
Also, only harassment that is sufficiently severe or pervasive to alter the conditions of employment and create a hostile or abusive work environment is illegal. That means that isolated, infrequent, trivial or merely offensive comments would usually not suffice. However, if the comments are severe enough, like egregious racial slurs, they need not be as frequent. Also, if the discriminatory remarks are combined with frequent, general harassment, like yelling, screaming, or use of a demeaning or disrespectful tone, the combination may be sufficient to violate the law.
Whether conduct rises to the level of "harassment" is a fact intensive inquiry and we urge you to consult with a lawyer to assess your particular situation and understand your rights.
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