In
United States labor law, a
hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to illegal discrimination.
[1] Common complaints in
sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or
off-color jokes.
[2] Small matters, annoyances, and isolated incidents are usually not considered to be statutory violations of the discrimination laws. For a violation to impose liability, the conduct must create a work environment that would be
intimidating,
hostile, or offensive to a
reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the
harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
[3]
A hostile work environment may also be created when management acts in a manner designed to
make an employee quit in
retaliation for some action.