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By: Brad Nakase, Attorney
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While working at Bath and Body Works, Sarah runs into the employee restroom and breaks down into tears. Her boss Meredith has just yelled at her in front of customers, saying, “What do you mean we’re out of Sparkling Vanilla Cinnamon Bodywash? Why didn’t you order more like you were supposed to?” Humiliated, Sarah is convinced she works in a toxic work environment. From the bathroom, she texts her best friend, insisting she will sue Meredith for this. But does Sarah’s situation really qualify as a toxic work environment?
1. What Is a Toxic Work Environment?
Even though he or she can make work unpleasant, a mean boss or coworker does not necessarily make a work environment toxic. To be classified as toxic, a work environment must host illegal harassment and behavior that impacts a person’s ability to do their job. It is the duty of employers to prevent their workspaces from becoming toxic, or hostile. If an employee feels their rights have been violated, he or she may sue.
However, to break the law, a toxic work environment must meet certain guidelines.
2. What Qualifies as a Toxic Work Environment?
The laws that concern toxic work environments protect certain groups of people. In order to violate these employment laws, the harassment must therefore target a particular protected group. Under federal, state, and local laws, harassment is illegal when based on:
- Sex
- Race
- Age
- Religion
- National origin
- Disability
Looking back at our example involving Sarah and her boss Meredith, we may observe that there has been no illegal harassment. While it wasn’t kind of Meredith to yell at her employee, she did not violate any of Sarah’s civil rights.
Yelling does not by law create a toxic work environment. Yelling about a protected group of people, such as women, Muslims, or Asians, does create a toxic environment, and one that could result in a lawsuit.
It should be added that under federal law, harassment must be severe or pervasive to qualify as illegal. However rude, a one-off comment may not be grounds for a toxic work environment lawsuit.
3. What Are Signs of a Toxic Work Environment?
Aggressive behavior, verbal attacks, and insulting comments may be considered signs of a hostile work environment. But legally speaking, the offensive behavior must concern someone’s race, sex, gender, religion, age, or disability to qualify as illegal and toxic harassment.
4. What Are Examples of Toxic Work Environment?
If an employee feels intimidated, threatened, or unwelcome in their place of work, then there is a case for a toxic work environment. The following are examples of illegal harassment:
- A coworker constantly asking another employee sexual questions
- A manager mocking an employee’s religion
- A coworker consistently addressing another employee by a racial slur
- Employees in the break room mocking another employee who uses a wheelchair
5. Can an Employer Be Sued for Having a Toxic Work Environment?
Under federal law, an employer can be sued for creating or hosting a toxic work environment. However, for there to be a lawsuit, the harassment in the workplace must target a particular protected group.
6. Can an Employer Be Sued for Emotional Distress?
It is possible for an employee to sue his or her employer for emotional distress caused by workplace harassment, or because of a toxic work environment.
Emotional distress may be defined as mental torment that results from offensive behavior or conduct at work. An employee successful in their toxic workplace lawsuit may receive emotional distress damages, or compensation.
7. Who Can Sue for a Toxic Work Environment?
It may be hard for independent contractors or freelancers to file a lawsuit regarding a toxic work environment. It is not impossible, but employment laws in most states protect traditional employees and not independent workers.
It is important to know that even if one is not the target of harassment, one may file a lawsuit against his or her employer. For instance, a white employee may file a toxic work environment lawsuit regarding the consistent use of racial slurs against other groups in the workplace.
