Jonah Patel
A hostile work environment is constituted by actions or behaviours that make it impossible for a targeted employee to do their job. This includes acts of aggression, intimidation, hostility, rudeness, and other types of abusive conduct. In Hawaii, a hostile work environment is often caused by rude supervisors, unprofessional co-workers, or a lack of teamwork, among other factors. Under Hawaii law, complaints relating to emotional distress caused by a hostile work environment must be filed within two years from the date of the physical or verbal conduct underlying the claim. If the hostile work environment is based on misconduct relating to sexual harassment or a protected category, employees should first take steps to have their company address the issue.
| Characteristics | Values |
|---|---|
| Reason for hostility or mistreatment | Sexual harassment or discrimination based on protected categories such as age, race, gender, faith, pregnancy, or disability |
| Severity of hostility | Pervasive or severe |
| Nature of conduct | Verbal or physical |
| Impact on employee | Interferes with work performance or adversely affects employment opportunities |
| Responsibility of employer | Affirmative duty to maintain a workplace free of harassment and responsibility for acts of agents and supervisory employees |
| Language restrictions | Rules requiring employees to speak only English or a specific language at all times is a violation; however, an employer may impose such a rule if justified by business necessity and with proper notification |
| Emotional distress | Complaints must be filed within two years from the date of the conduct underlying the claim |
| Legal recourse | Complaints can be filed with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC) |
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What You'll Learn
Rude supervisors, unprofessional co-workers, and obnoxious clientele
In Hawaii, a hostile work environment can be constituted by rude supervisors, unprofessional co-workers, and obnoxious clientele, among other factors. Rude supervisors can contribute to a hostile work environment, particularly if their conduct involves discrimination based on protected categories such as race, gender, age, disability, sexual orientation, or religion. Unprofessional co-workers can also create a hostile environment through their actions or inactions, which may include harassment or discrimination. Obnoxious clientele can refer to customers or clients who exhibit rude, disrespectful, or aggressive behaviour towards employees. This can include verbal abuse, harassment, or discriminatory treatment related to protected characteristics.
To qualify as a potential claim, courts will consider whether the claimant was subjected to verbal or physical conduct that was severe and "sufficiently pervasive" to alter the conditions of employment and create an abusive working environment. This includes interfering with the claimant's work performance or creating an intimidating, hostile, or offensive atmosphere. It is important to note that Hawaii's Fair Employment Practices law specifies that the cause of the hostility must relate to discrimination or sexual harassment based on protected categories.
If you believe you are in a hostile work environment, it is recommended that you first take steps to have your company address the issue. You should submit a written complaint that is as detailed as possible, including facts showing the severity and pervasiveness of the hostility. During this process, it is important to continue performing your job duties to the best of your ability and avoid giving your employer a reason to terminate your employment. Keep a record of all relevant events, as a clear timeline will be crucial if you need to pursue legal action.
If your complaint is not adequately addressed internally, you can consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC). It is important to act promptly, as complaints relating to emotional distress caused by a hostile work environment must be filed within two years from the date of the incident. Additionally, do not sign any waivers or severance documents that may waive your right to file a claim. Instead, consult an attorney to understand your rights and options.
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Sexual harassment
To determine whether sexual harassment has occurred, it is crucial to evaluate how the employee felt about the conduct. In Hawaii, the law views the conduct from both a subjective and objective perspective. The subjective test examines whether the employee perceived the conduct as severe or pervasive enough to create a hostile or abusive work environment. The objective test assesses whether this perception is reasonable.
If an employee believes they are experiencing sexual harassment, they should inform the harasser directly that the conduct is unwelcome and must stop. They should also report the harassment to management at an early stage to prevent escalation. Employers are responsible for maintaining a workplace free from harassment and should take steps to address any complaints. Employees can also seek legal recourse if they feel their concerns are not being adequately addressed by their employer.
It is important to document everything related to the harassment, as a successful case will depend on a clear timeline of events. Employees can also reach out to the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC) for additional support and guidance.
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Ethnic slurs and other verbal or physical conduct relating to an individual's ancestry
In Hawaii, ethnic slurs and other verbal or physical conduct relating to an individual's ancestry constitute harassment when the conduct meets one or more of the following conditions:
- The conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This includes the use of racist language, epithets, and ethnic slurs that stigmatize, humiliate, and degrade individuals. Such actions can have adverse effects on an employee's physical health, causing stress-induced headaches or stomach upsets.
- The conduct interferes with an individual's work performance, making it difficult or impossible for them to excel in their duties. This includes situations where an employee is denied equal employment opportunities due to their ancestry, such as promotions or job training.
- The conduct adversely affects an individual's employment opportunities or benefits, such as termination or demotion, based on stereotypes and assumptions about their ancestral group.
The Hawaiʻi Civil Rights Commission (HCRC) defines ancestry discrimination broadly and examines charges alleging that individuals have faced discrimination or unequal treatment due to their ancestry. This includes discrimination based on marriage or association with an ancestral group, membership in organizations promoting ancestral interests, or attendance at religious institutions associated with an ancestral group.
Employers have an affirmative duty to maintain a working environment free of harassment on the basis of ancestry. They are responsible for the acts of their agents and supervisory employees, regardless of whether they authorized or knew about the specific acts of harassment. Additionally, employers may be held responsible for the acts of non-employees if they fail to take immediate and appropriate corrective action when harassment is brought to their attention.
If an employee believes they are subjected to a hostile work environment due to ethnic slurs or conduct relating to their ancestry, they should first take steps to have their company address the issue through a written complaint. They should also document everything and, if the issue is not resolved, they may consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC).
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Discrimination based on age, race, gender, faith, pregnancy, or disability
In Hawaii, a hostile work environment is one in which employees experience hostility or mistreatment related to sexual harassment or any other protected category, such as age, race, gender, faith, pregnancy, or disability. If an employee believes they are in a hostile work environment due to discrimination based on these protected characteristics, they should first take steps to have their company address the issue.
It is important to note that Hawaii is an "at-will" jurisdiction, which means that employees have limited recourse when addressing issues in the workplace. However, if the hostile work environment rises to the level of severe and pervasive misconduct, it may qualify as a potential claim of emotional distress. Courts will consider whether the claimant was subjected to verbal or physical conduct that was so severe and pervasive that it altered the conditions of employment or created an abusive working environment.
When addressing a hostile work environment based on discrimination, employees should follow these steps:
- Write a polite and detailed complaint: Avoid lashing out and include as many details as possible about the pervasive or severe nature of the hostility.
- Continue performing your job to the best of your ability: Do not give your employer a reason to fire you during this process.
- Document everything: A successful case will depend on a clear timeline of events, so keep a record of all relevant interactions and incidents.
- Follow up with your company: Ensure that your complaint is appropriately addressed by the company.
- If the issue is not resolved, consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC): These organizations can provide additional support and guidance.
It is essential to act promptly if you believe you are in a hostile work environment due to discrimination. There may be time limits for filing complaints, and early action can help protect your rights and improve your chances of a successful outcome.
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Abusive behaviour
A hostile work environment exists when a boss, co-worker or other person commits actions or exhibits behaviour that makes it impossible for a targeted employee to do their job. For example, a manager's shouting due to frustration does not necessarily constitute a hostile work environment. However, if a boss or co-worker berates an employee because of their protected characteristics, it may constitute abusive behaviour toward a particular person.
Ethnic slurs and other verbal or physical conduct relating to an individual’s ancestry constitute harassment when this conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This includes nonsexual behaviour aimed at one sex, such as gender-based conduct directed only at employees of one gender, which can violate Title VII and Hawaii law.
Hawaii and federal courts view the conduct from both a subjective and objective viewpoint. The subjective test examines whether the complaining employee perceived the conduct as severe or pervasive enough to create a hostile or abusive work environment. The objective test then assesses whether this perception is reasonable.
If an employee believes they are in a hostile work environment, they should first take steps to have their company address the issue. A written complaint should be detailed and polite, including facts that show how "pervasive or severe" the hostility was. If the complaint is not appropriately addressed, the employee can file a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC).
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Frequently asked questions
A hostile work environment exists when a boss, co-worker or other person commits actions or exhibits behaviour that makes it impossible for a targeted employee to do their job. This can include acts of aggression, intimidation, hostility, rudeness, name-calling, or other types of abusive conduct.
In Hawaii, a hostile work environment is one that constitutes workplace discrimination based on abusive behaviour that targets a worker because of age, race, gender, faith or other issues, such as pregnancy or disability. This includes sexual harassment, which does not have to take the form of blatant or obvious sexual advances or suggestions.
If you believe you are experiencing a hostile work environment, you should first take steps to have your company address the issue. You should submit a written complaint that is as detailed as possible, including facts that show how "pervasive or severe" the hostility was. If your complaint is not appropriately addressed, you can file a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC).
