How to Complain about Hostile Work Environment

Unpleasant behaviors such as rudeness, favoritism, snappy remarks, and personality conflicts with colleagues or bosses, do not qualify as workplace hostility. Granted, they create a tense work environment and may cause you stress, but they are not eligible for legal or federal action by the U.S. Equal Employment Opportunity Commission (EEOC).

So, what is a hostile workplace definition? What qualifies as hostile behavior at a workplace? What are some examples? How to complain about a hostile work environment? Read on to find out.

Key Insights

• According to a 2023 American Psychological Association (APA) Work in America Survey, 19% of employees said their workplace is very or somewhat toxic.
• 52% of employees who experience toxic workplaces report that it affects their mental health.
• Discrimination is one of the top forms of hostility at work, with 1 in 5 employees reporting that they have experienced discrimination at their current workplace. 

What is a hostile work environment?

The federal government of the United States describes a hostile work environment as being “offensive, intimidating, or oppressive” to a reasonable person. He or she feels so threatened by one’s behavior that quitting remains just about the last resort. A hostile work environment is also known as an adverse employment action. Actually, it is a form of discrimination.

An employee can file a hostile workplace complaint if, for example, he/she work in a complicated and uncomfortable environment created through words or actions of co-workers and/or managers. There is no separate federal “hostile work environment” law.

Adverse employment actions are governed by several anti-discrimination statutes including, but not limited to the Americans with Disabilities Act of 1990 (ADA), Title VII of the Civil Rights Act of 1964, the Age Discrimination Employment Act of 1967 (ADEA). When commencing an adverse employment action, a p-plaintiff must prove that he/she has been treated in a hostile manner.

Signs of a Hostile Work Environment

Although there is no “hostile work environment” law in the USA, adverse employment actions are governed by several anti-discrimination statutes including, but not limited to the Americans with Disabilities Act of 1990 (ADA), Title VIIof the Civil Rights Act of 1964, the Age Discrimination Employment Act of 1967 (ADEA).

These laws underpin harassment at work as a form of workplace hostility. The EEOC defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).”

To be considered illegal and to be treated as proof of a hostile work environment, behavior, actions and/or communications must:

• Be frequent and severe;
  Offhand comments and one-off incidents that aren’t extremely severe do not constitute the basis for any hostile work environment claim. Hostility must seriously interfere with work performance.
• Be discriminatory in concept;
  They must relate to a protected class of employees. According to the Equal Employment Opportunity Commission, “protected classes are men and women on the basis of sex, groups that share a common race, national origin, color, and religion, people with physical and mental handicaps, and people over 40 years old”. A hostile work environment refers only to protected classes!
• Occur as repeated incidents despite the victim’s objections (if it refers to verbal harassment);
• Be abusive and affect conditions of employment.

Examples of Hostile Work Environment

Examples of hostile work environment include:

• Sexual harassment e.g., unwanted sexual advancements, persistent comments about your body and appearance, or display of sexually explicit content in the workplace.
• Racial slurs or derogatory jokes
• Discrimination of employees based on their age, gender, race, or disability.
• Forcing participation in religious activities
• Mocking an employee for their religious beliefs or practices.
• Failure to reasonably accommodate employee’s religious practices 
• Making offensive remarks about employees’ age
• Tampering with or denying employees with disability access or use of assistive devices, e.g., wheelchairs.
• Intimidating, threatening, or violent behavior towards employees.

How to handle a hostile work environment?

If you feel that you have become a victim of a hostile work environment, the right course of action depends on the nature of the conduct and the context of the alleged incidents. Below are different ways to deal with hostility at work.

Document evidence of hostility at work 

Keep written notes of any incidents of harassment, discrimination, and any other hostile behavior. It is necessary to write down all details: date, time, location, all the circumstances, names of all people involved, names of all witnesses (if any), etc. Keep copies of offending communications (e-mail letters, text messages, voice messages, notes, etc.).

Communicate with hostile coworker directly

Talk to a person, who makes your work environment hostile, in private. Explain the situation pointing out how he or she causes the work environment to be hostile for you. Record the conversation. That way you will have proof to support your allegations in the event you decide to initiate a legal action.

Report misconduct to the supervisor 

Report the conduct to the appropriate person. If you cannot settle the conflict on your own, report a problem to a supervisor or upper management. Document your report. Download a sample letter of a complaint about a hostile work environment. At this stage, you should provide all your notes. Keep a copy of them at home. It would be better if you record your conversation with management to support your complaints.

Report hostile behavior to the HR

Report the problem to the HR department. Provide them with all your logs and records. They usually have a particular process set up to resolve workplace conflicts (including hostile work environment complaints). 

Reporting harassment at work can be a complicated process, but it is the basis of all further actions. Typically, it involves writing a hostile work environment complaint letter to HR. If applicable, hostile environment-related incidents should be immediately reported to the police. A copy of the police report should be given to your employer as a part of your hostile work environment complaint.

Contact the Equal Employment Opportunity Commission 

The Equal Employment Opportunity Commission (EEOC) investigates hostile work environment complaints and enforces laws against workplace discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.

If hostile behavior persists, contact the EEOC within 45 days of the latest incident. HR must provide details on where to report, including agency contacts.

To facilitate prompt processing of your complaint, the EEOC recommends that you provide the following information:

• The name, address, and telephone number of the person who treated you unfairly;
• The name, address, and telephone number of the employer you are filing the complaint against;
• A brief description of the event or events that you believe are unfair or harassing; and
• The dates when the events occurred.

Usually, the EEOC counselor would set up a mediation session between a victim and an offending party to discuss a problem and to develop possible solutions. They may include transfer to a different, assignment of new duties, issuance of the official reprimand, or some punitive damages paid by people responsible for creating a hostile work environment.

File a formal workplace harassment complaint [H3]

File a formal workplace harassment complaint with the Equal Employment Opportunity Commission. The agency shall investigate each hostile work environment claim and issue a decision within 180 days. You may report hostile work environment to the EEOC in person, over the phone: 1-800-699-4000 or by e-mail: info@eeoc.gov. 

If you don’t know how to write a complaint letter, see this. You can use a sample letter of a complaint to the EEOC.

The EEOC also offers an Online Enquiry and Appointment System. This is a web-based tool which helps people, who are going to file hostile work environment complaints, determine whether the EEOC will be able to provide any additional assistance. The Online Appointment System allows you to schedule an interview in person or by telephone with the EEOC staff representative. 

But do remember that submitting an inquiry is different from filing a formal hostile workplace complaint. The EEOC shall take a remedial action only after a hostile work environment complaint, not an inquiry. Time limits are as follows (holidays and weekends are included in the calculation):

• 180 calendar days from the official date the discrimination took place;
• 45 days from the official date the discrimination took place for both federal employees and job applicants;
• 300 calendar days for age discrimination. Time limits to file hostile work environment complaints can be extended under certain circumstances. The EEOC may file a civil lawsuit against an employer on behalf of a victim.

Consider speaking with an attorney 

Consulting with an employment attorney when dealing with a hostile workplace can be beneficial in helping you understand your rights and the best way to deal with it. 

However, consider that involving an attorney can be costly and weigh if the benefits outweigh the costs. You do not need an attorney to complain to your employer or the EEOC, but you can involve one if you so prefer. 

That said, should you need to appeal the determination of the EEOC, take your case to court, or negotiate a settlement, it is paramount that you have the support and guidance of a qualified and experienced employment attorney.

Leave the job if necessary

Sometimes your best option is to leave a toxic work environment.Assess if the hostile behavior is persistent and the impact it has on your mental, emotional, and financial wellbeing. If you determine that leaving is the best option, plan your exit strategically. 

You can see some examples of hostile work environment resignation letters, where victims have to resign because of hostile work environment.

And one more

To protect your rights, keep any record of workplace hostility. In the meantime, start to look for new work opportunities and research prospective companies to ensure their culture aligns with your values and offers you prospects for career growth. 

Be Proactive

An abusive work environment not only threatens your mental health and overall wellbeing but also curtails your career growth and progression. Therefore, you must look out for signs of a hostile work environment and take proactive steps to protect yourself. Document any incidents meticulously.

Keep in mind that not all uncomfortable workplace situations qualify as a hostile work environment. Therefore, take time to educate yourself on what is legally considered as so and your rights. Then, explore the different options for resolving it and choose the ones best suited for you. You may consult an employment attorney for further assistance with your workplace harassment complaint.