Simone Lawson
A hostile work environment is characterised by offensive behaviour or conduct targeting a protected class, which disrupts work or harms an employee's career progress. In Indiana, workplace harassment is defined as any unwelcome verbal, written or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics. This includes sexual harassment and harassment based on protected characteristics such as race, sexual orientation, national origin, gender, age, or disability status. To prove a hostile work environment, an employee must demonstrate that the discrimination is “severe and pervasive, affecting their ability to work effectively. While rude bosses or negative coworkers may contribute to an uncomfortable work environment, they often don't meet the legal definition of creating a hostile work environment. Successful complaints may result in legal damage awards or orders for employers to change the workplace environment and take appropriate action.
| Characteristics | Values |
|---|---|
| Protected characteristics | Sex, race, religion, gender, age, disability, sexual orientation, national origin |
| Harassment | Verbal, written, physical |
| Offensive behaviours | Jokes, slurs, epithets, name-calling, threats, ridicule, mockery, insults, put-downs, offensive objects or pictures, sexual advances, sexual favours |
| Interference | With work performance, employment decisions |
| Severity | Severe and pervasive |
| Reporting | No time limit, protection for complainant |
| Outcome | Legal damages, orders to change workplace environment, rehiring |
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What You'll Learn
Sexual harassment
For sexual harassment to constitute a hostile work environment, it must be proven that the harassment is "severe and pervasive". This means that the conduct is so frequent and offensive that it creates a work environment that a reasonable person would consider intimidating, hostile, or abusive. This standard has been in place in the United States since 1972, following the Supreme Court's decision in Rogers v EEOC.
In Indiana, sexual harassment may include telling sexual jokes, using sexually explicit profanity or threats, making sexual comments, or describing someone's physical appearance in a sexual manner. It is important to note that the impact of the harassment is also considered, not just the intent. For example, if the harassment interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment, it may constitute a hostile work environment claim.
To report sexual harassment in Indiana, individuals can follow a formal or informal complaint process. It is recommended to keep written notes and records of the harassing behaviour, as this will be needed to resolve a formal complaint. These records may include dates, times, locations, witnesses, and details of the incidents. It is also important to promptly report complaints so that rapid response and appropriate action can be taken. The Indiana National Guard also provides resources and support for individuals who have experienced sexual harassment.
Employers should strive to create an environment where employees feel comfortable speaking up about sexual harassment and are confident that their concerns will be addressed. Employees are encouraged to inform the harasser that their conduct is unwelcome and must stop, and to report the harassment to management at an early stage. Employers can be held liable for harassment by a supervisor that results in a hostile work environment, unless they can prove that they took reasonable steps to prevent and correct the behaviour.
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Discrimination based on protected characteristics
In Indiana, workplace harassment is defined as "any unwelcome verbal, written, or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics." These protected characteristics include race, religion, gender, age, disability, sexual orientation, and national origin. Local laws may provide additional protections, such as in Indianapolis, where workers are protected on the basis of sexual orientation and gender identity.
To prove a hostile work environment, an employee must demonstrate that the discrimination is "severe and pervasive." This means that the offensive behavior must target a protected group and disrupt work or harm an employee's career progress. For example, sexually explicit images or remarks, racist slurs, or religious-based harassment can create a hostile workplace if they meet this standard. It's important to note that the behavior must be severe enough that a reasonable person would consider the work environment intimidating, hostile, or abusive.
While one-time incidents generally do not qualify as illegal harassment, extreme or outrageous instances of discrimination could be sufficient for a claim. This includes verbal taunts, criticism, mocking, stories, slurs, name-calling, jokes, ridicule, threats, or innuendos that are offensive or degrading. Additionally, the display of offensive pictures or objects can contribute to a hostile work environment.
It's worth mentioning that workplace harassment can come from supervisors, colleagues, or non-employees, and it is illegal for an employer to retaliate against an employee who has complained about harassment. If an employee experiences harassment, they are encouraged to inform the harasser directly and report it to management promptly. Employers are responsible for preventing hostile workplaces and can be held liable for harassment by supervisors that result in negative employment actions.
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Offensive behaviour or conduct
In Indiana, workplace harassment is defined as "any unwelcome verbal, written, or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics". Protected characteristics include race, religion, gender, disability status, national origin, and sexual orientation.
To prove a hostile work environment, an employee must demonstrate that the offensive behaviour or conduct was severe and pervasive, creating a work environment that a reasonable person would consider intimidating, hostile, or abusive. This standard has been in place in the United States since 1972, following the Supreme Court decision in Rogers v EEOC.
It is important to note that the behaviour does not have to be intentional to be considered harassment. Additionally, the victim of the harassment does not have to be the person directly subjected to the offensive conduct, but can be anyone affected by it. Employers are encouraged to create an environment where employees feel comfortable raising concerns about offensive behaviour or conduct, and these concerns should be promptly addressed.
If you are experiencing offensive behaviour or conduct in your workplace, it is recommended to seek legal advice from a lawyer experienced in handling employment discrimination cases, as they can provide guidance based on local laws and help you understand your rights.
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Intimidation and abuse
To prove a hostile work environment, an employee must demonstrate that the discrimination or harassment is severe and pervasive, creating an environment that a reasonable person would consider intimidating, hostile, or abusive. This standard has been in place in the United States since 1972, following the Supreme Court decision in Rogers v. EEOC. It's important to note that one-time incidents generally do not meet this standard unless they are extremely severe or outrageous.
In Indiana, protected characteristics include sex, sexual orientation, gender identity, race, age, disability, and religion. Offensive behaviors that target these protected groups can create a hostile work environment. This includes offensive comments, jokes, slurs, epithets, name-calling, threats, ridicule, mockery, insults, and physical assaults. The behavior must disrupt work or harm an employee's career progress to qualify as creating a hostile environment.
Additionally, it's worth mentioning that employers are responsible for preventing hostile work environments. They can be held liable for harassment by supervisors that result in negative employment actions, such as termination or failure to promote. Employees are encouraged to report harassment early on and directly to the harasser, and employers should strive to create an environment where employees feel safe to raise concerns.
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Retaliation against complaints
Retaliation against an employee who has filed a complaint is illegal. However, it is not uncommon for employers to retaliate against employees who stand up against discrimination, ethical violations, or other unsavory activities. If an employer retaliates against an employee for engaging in a legally protected action, this is a form of employment discrimination.
In Indiana, the state encourages individuals to keep written notes to accurately record offensive conduct or behavior. However, it is important to note that the confidentiality of these notes may not be recognized under Indiana law if a lawsuit arises from the reported incident, and the notes may have to be disclosed. Indiana also encourages the prompt reporting of complaints to facilitate a rapid response and appropriate action. There is no time limit for reporting sexual harassment complaints, and late reporting will not prevent the state from taking remedial action.
If an employee experiences retaliation after filing a complaint, they should contact an employment discrimination lawyer and document all discriminatory actions and harassment that took place before and after the initial complaint. It is essential to act promptly and gather evidence to support any claims.
Employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) if they experience discrimination, harassment, or retaliation. The EEOC provides a public portal for individuals to report retaliation related to discrimination or harassment. After filing a report with the EEOC, individuals can learn how to obtain legal aid or find a lawyer to assist them in taking legal action.
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Frequently asked questions
A hostile work environment is a workplace where illegal harassment and behaviour that affects an employee's ability to do their job occur. Offensive behaviour must target a protected group under federal, state, or local laws.
In Indiana, workplace harassment is defined as "any unwelcome verbal, written or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics". Protected characteristics include race, religion, gender, age, sexual orientation, disability, and national origin.
Offensive behaviour includes but is not limited to offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule, mockery, insults, put-downs, offensive objects or pictures, and interference with work performance.
If you experience or witness a hostile work environment, it is recommended to keep written notes to accurately record offensive conduct or behaviour. You should also promptly report complaints so that rapid response and appropriate action can be taken. You can contact a law firm in Indiana for further guidance on workplace harassment and your rights.
Successful complaints may result in legal damage awards or orders for employers to change workplace environments or take other appropriate actions such as rehiring an employee who quit due to ongoing harassment.
