Simone Lawson
A hostile work environment is characterized by unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability, or genetic information. To be considered unlawful, the conduct must create an intimidating, hostile, or offensive work environment that would be apparent to reasonable people. This can include offensive jokes, slurs, physical assaults, intimidation, insults, and interference with work performance. Harassment can be perpetrated by a supervisor, a co-worker, or a non-employee, and it is the employer's responsibility to take appropriate steps to prevent and correct such behavior. While not all unpleasant work situations are legally actionable, a hostile work environment violates the law when an employee is subjected to that environment due to a legally protected characteristic.
| Characteristics | Values |
|---|---|
| Harassment based on | Race, color, religion, sex, national origin, age (40 or older), disability, or genetic information |
| Unwelcome conduct | Offensive jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance |
| Harasser | The victim's supervisor, a supervisor in another area, a co-worker, or a non-employee |
| Victim | The person harassed or anyone affected by the offensive conduct |
| Actionable | When the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive |
| Prevention | Employers should establish an effective complaint or grievance process, provide anti-harassment training, and take immediate action when an employee complains |
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What You'll Learn
Harassment based on protected characteristics
In New Mexico, harassment is considered a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Harassment is defined as unwelcome conduct based on an individual's protected characteristics, such as race, colour, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.
Harassment becomes unlawful when enduring the offensive conduct becomes a requirement for continued employment, or when the conduct is so severe and pervasive that it creates a work environment that a reasonable person would consider intimidating, hostile, or abusive. This means that the offensive conduct must go beyond petty slights, annoyances, or isolated incidents, and instead, be frequent and severe enough to create a hostile or offensive environment.
For example, offensive conduct may include offensive jokes, slurs, name-calling, physical assaults or threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance. Harassment can come from a variety of sources, including supervisors, co-workers, clients, or non-employees, and it is not always directed specifically at the victim.
To prevent and address unlawful harassment, employers are encouraged to establish clear policies that address harassment, provide reporting structures, and outline consequences for violating the policy. Annual training on these policies is recommended for managers, supervisors, and employees, with leadership setting an example of good conduct. Employers should also strive to create an environment where employees feel comfortable raising concerns and are confident they will be addressed.
Additionally, employees are encouraged to directly inform the harasser that the conduct is unwelcome and must stop, as well as report harassment to management at an early stage to prevent escalation. It is important to note that unlawful harassment may occur without economic injury or discharge of the victim.
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Unwelcome conduct
Harassment becomes unlawful when it is motivated by protected characteristics, such as an individual's race, colour, religion, sex, national origin, age, disability, or genetic information. In the state of New Mexico, harassment is specifically defined as a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990.
To establish a hostile work environment claim, it may be necessary to demonstrate a consistent pattern of offensive conduct. This conduct can come from a supervisor, a fellow employee, or a non-employee over whom the employer had control. It is important to note that employers who retaliate against employees for complaining about harassment are also engaging in unlawful behaviour.
In the context of sexual harassment, a hostile work environment may exist when an employee is subjected to unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature. This can include quid pro quo sexual harassment, where continued employment or benefits are conditioned on the acceptance of unwanted sexual behaviour.
Additionally, it is important to understand that the harasser and the victim can take on various roles. The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or even a non-employee such as a client or customer. Similarly, the victim does not have to be the direct target of the harassment but can be anyone affected by the offensive conduct.
To prevent and address unlawful harassment, employers are encouraged to establish clear policies, provide anti-harassment training, and take immediate action when complaints arise. Employees should also be empowered to directly inform harassers that their conduct is unwelcome and must stop, as well as report harassment to management at an early stage.
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Offensive jokes, slurs, or name-calling
In New Mexico, offensive jokes, slurs, or name-calling can contribute to a hostile work environment, depending on the context and severity of the comments. While the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, offensive remarks can become unlawful when they are frequent and severe, creating an intimidating, hostile, or offensive environment.
Racial slurs, for example, are considered a form of harassment and are prohibited by law. Even a single incident of a racial slur can create a hostile work environment. This includes derogatory terms based on race or ethnicity, such as racial epithets or stereotypes that belittle or disrespect an individual's culture. Similarly, religious slurs or jokes that target a person's religion can also contribute to a hostile work environment.
Sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, is also unlawful and can contribute to a hostile work environment. This includes offensive remarks or jokes about a person's sex.
It's important to note that the context and intent behind offensive jokes or slurs can be relevant. In some cases, the person making these comments may not realize they are offensive, and addressing the issue calmly and informing them of the impact of their words can help prevent further incidents. However, if the conduct continues or is severe, it may be necessary to take further steps, such as reporting the harassment to management or following the company's complaint process.
To prevent and address these issues, employers should establish clear anti-harassment policies, provide training to managers and employees, and take prompt and appropriate action when complaints arise. By creating a culture where employees feel safe to speak up and address concerns, employers can help prevent offensive jokes, slurs, or name-calling from escalating and contributing to a hostile work environment.
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Intimidation, ridicule, or mockery
In New Mexico, a hostile work environment is constituted when an employee experiences harassment that is so frequent or severe that it creates an intimidating, hostile, or offensive work environment. Harassment is defined as unwelcome conduct that is based on race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information.
Intimidation, ridicule, and mockery are all forms of unwelcome conduct that can contribute to a hostile work environment. This can include offensive jokes, slurs, epithets, or name-calling. For example, a supervisor or co-worker who repeatedly makes offensive jokes about a subordinate's religion, or a client who continually ridicules an employee's disability, could create an environment that a reasonable person would consider hostile or abusive.
To be considered unlawful, the conduct must be severe or pervasive enough to create an intimidating, hostile, or offensive environment for a reasonable person. This means that the intimidation, ridicule, or mockery must occur frequently and be severe in nature, rather than consisting of petty slights, annoyances, or isolated incidents.
It is important to note that the harasser can be anyone, including a supervisor, co-worker, client, or customer. Additionally, the victim does not have to be the direct target of the harassment but can be anyone affected by the offensive conduct.
To prevent and address harassment, employers should establish clear policies, provide annual training, and create an environment where employees feel safe to raise concerns. Employees should also be encouraged to inform the harasser that their conduct is unwelcome and must stop, and to report harassment to management at an early stage.
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Interference with work performance
Harassment is defined as unwelcome conduct based on race, colour, religion, sex, sexual orientation, transgender status, pregnancy, national origin, age (over 40), disability, or genetic information. It is important to note that harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe enough to create an intimidating, hostile, or abusive environment.
- Preventing an employee from completing their work-related tasks, such as blocking access to necessary tools or information.
- Creating distractions or interruptions that hinder an employee's ability to focus on their work.
- Setting unrealistic deadlines or workload expectations that are significantly different from those of their peers.
- Sabotaging an employee's work or taking credit for their accomplishments.
- Withholding necessary resources or support that would enable an employee to successfully perform their job.
It is important to remember that the impact of these behaviours on work performance is crucial. Interference must be significant enough to contribute to a hostile work environment and can be differentiated from petty slights or annoyances, which are typically not considered illegal.
Additionally, the source of the interference can vary. The harasser can be a supervisor, a co-worker, or even a non-employee, such as a client or customer. Employers play a vital role in preventing and addressing unlawful harassment by establishing effective complaint processes and providing anti-harassment training to their employees.
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Frequently asked questions
A hostile work environment is characterised by unwelcome conduct based on race, colour, religion, sex, national origin, age, disability, or genetic information. For a hostile work environment to be a violation of the law, the employee must be subjected to that work environment because of a legally protected characteristic.
Unlawful conduct includes 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 a hostile work environment, you should inform the harasser directly that the conduct is unwelcome and must stop. You should also report the harassment to management at an early stage to prevent escalation.
