Sexual comments in a workplace are not only harmful, but they can also create a hostile workplace environment. Workers have the right to feel safe at work. If you feel like your right to feel safe and to be free from lewd or sexual comments is not being respected, you'll want to determine if you have a hostile workplace.
Definition
A hostile work environment is any space where harassing behavior prevents a worker from performing his or her duties. A common form of harassment that creates a hostile work environment is sexual harassment.
Possible Culprits
The hostile work environment does not have to be caused by your employer. It could also be created by a vendor, client, contractor, or even a frequent visitor to your workplace. For example, a friend of a coworker might visit the workplace and engage in sexual harassment.
The Work Context
Whether or not a work environment is considered hostile is contextual. For example, if you work in an office and a client enters your office space while wearing only a towel, this might be considered a form of sexual harassment. However, an employee who works at a massage parlor where clients often wear towels would not be able to make this claim because this would be an expected part of the job.
Another question is regarding the intentions of the individual who may be engaging in sexual harassment. When it's clear that the sexual harassment is meant to make you uncomfortable, it's more likely that you might be the victim of a crime. There are federal agencies, such as the United States Equal Employment Opportunity Commission (EEOC), that can also get involved.
Relevant Federal Agencies
The EEOC is responsible for determining whether a workplace is hostile. They take a look at the type of conduct that is creating a hostile workplace environment, how often the harassment occurs, whether or not the harassment has an intent to discriminate and the effect that the harassment has on you, as an employee. If you choose to sue the employer, the EEOC will also determine if your employer has taken the appropriate actions to stop the harassment.
If you determine that you have a hostile work environment, you should contact a sexual harassment attorney. You may be able to sue your workplace for compensation. Also, it's important to speak with an attorney because it is not always obvious if an environment is hostile or not.
