When Discriminatory Behavior Produces a Hostile Workplace

Fans of television shows like The Office May think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as a hostile work environment depends on the extent to which one is subject to discrimination and whether that discrimination makes it sufficiently difficult to do your job. Several conditions must be satisfied in order for this to be the case, meaning that a merely uncomfortable joke strained relationship may not mean you are actually the victim of a hostile workplace.

If you are subject to a hostile workplace, however, you should be well aware that legal recourse is available. The Nevada economy creates a wide range of opportunities for a number of workers, particularly those in the service industry who bring life to Las Vegas and entertain tourists from the world over. A legitimate service sector means that workers must enjoy basic rights against discriminatory behavior that makes their lives overly difficult. You are never obligated to put up with that kind of behavior, even if your manager adopts a permissive attitude with respect thereto. If dealing with these kind of circumstances, speaking with a lawyer at HKM Employment Attorneys can clarify your options and assure you justice.

The first step is determining whether you have indeed been subject to a hostile workplace.

When an Uncomfortable Work Environment Becomes Hostile

It goes without saying that average workers have little choice about whether they do their jobs and do them rightly. If others are making that impossible, that is a serious problem. If you are unable to concentrate, enjoy basic emotional security, and efficiently cooperate with others, you could very well be denied promotions, raises, or even continued employment.

So when have the actions of your coworkers or bosses gone too far?

First, those actions must be considered discriminatory apropos a protected category like race, gender, religion, or disability status. That means that you may not be the victim of a hostile workplace in the event that someone simply does not like you or because you might not get along with others.

Second, and while discriminatory behavior may be separately problematic, it must be pervasive and unavoidable for it to constitute a hostile workplace. This likely means that management has failed to address a problem with discrimination to the extent that it credibly impedes your ability to work effectively.

Third and finally, the discriminatory effect must either prevent you from doing your job effectively on a daily basis or otherwise interfere with your ability to further your career in sound fashion.

If these conditions accurately describe your circumstances, you should take preventive steps by dissuading said behavior directly and otherwise reporting it to management. In the event management fails to address what has become a hostile workplace, then your company may well be liable for the outcome.

In the event you have not gotten anywhere with management, you should speak with an attorney and present your evidence of a hostile workplace and the failure to have it promptly addressed. HKM Employment Attorneys knows the law and how to assure it works on your behalf. It is committed to representing employees in a serious and professional fashion. In order to set up an appointment, simply fill out our online form located here.

Picture of Daniel Kalish

Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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