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What is a Hostile Work Environment?

A workplace that feels hostile is something we have all probably experienced at one time or another.  A true "hostile work environment" under the law, however, has a narrower meaning.

An environment that is hostile due to harassment targeted at someone due to their race, age, disability, or other protected class, is simply another form of discrimination.

A work environment that is hostile due to pervasive sexual harassment is both a form of discrimination and a separate claim under the sexual harassment laws.

In addition to being unlawfully motivated, the behavior has to be both offensive and pervasive to constitute a "hostile work environment" under the law.  A stray remark by a co-worker is likely not enough.  A repeated practice of sharing obscene or derogatory images in the workplace, or of racial epithets, most likely is. 

Most situations fall somewhere in the middle.  If you believe you are experiencing discriminatory harassment at work, you should consult with an employment lawyer to understand whether it is legally actionable.



Learn more here about sexual harassment in Massachusetts.

Need Help With a Hostile Work Environment Issue?

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog