Hostile Work Environment: When Harassment Becomes Illegal

A hostile work environment is illegal under federal law when unwelcome conduct based on a protected characteristic is severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or abusive. Petty slights and isolated minor incidents usually do not qualify. You generally have 180 days (300 in many states) to file a charge with the EEOC.

What the law says

• Harassment is unwelcome conduct based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, age 40 or older, disability, or genetic information. EEOC, Harassment
• Harassment becomes unlawful when enduring it is a condition of continued employment, or when it is severe or pervasive enough to create a work environment a reasonable person would find intimidating, hostile, or abusive. EEOC, Harassment
• Petty slights, annoyances, and isolated incidents (unless extremely serious) generally do not rise to the level of illegality; it is decided case by case. EEOC, Harassment
• Offensive conduct can include offensive jokes, slurs, physical assaults or threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance. EEOC, Harassment
• The harasser can be a supervisor, a co-worker, or a non-employee, and harassment can be illegal even without economic injury or firing. EEOC, Harassment
• If a supervisor's harassment creates a hostile environment, the employer can avoid liability only by proving it reasonably tried to prevent and promptly correct the harassment and the employee unreasonably failed to use those opportunities. EEOC, Harassment
• For co-workers and non-employees the employer controls, the employer is liable if it knew or should have known and failed to take prompt and appropriate corrective action. EEOC, Harassment
• Title VII and the ADA cover employers with 15 or more employees; the ADEA covers employers with 20 or more. EEOC, Harassment
• For ongoing harassment, the filing deadline runs from the last incident, and the EEOC will consider earlier incidents too. EEOC, Time Limits for Filing a Charge

How to file a complaint

File a charge with the EEOC through the EEOC Public Portal, in person at an EEOC office, by mail (signed letter), or through a state or local fair employment practices agency that dual-files with the EEOC; you can start the process by phone at 1-800-669-4000. The deadline is generally 180 calendar days from the discriminatory act, extended to 300 calendar days where a state or local agency enforces a law against discrimination on the same basis. For ongoing harassment the clock runs from the last incident. Federal employees generally must contact their agency's EEO counselor within 45 days. EEOC, How to File a Charge of Employment Discrimination; EEOC, Time Limits for Filing a Charge

Related

• Can You Get Unemployment If You're Fired?
• No Tax on Overtime: How the Federal Deduction Works
• What Is At-Will Employment?
• What Is the Minimum Wage? Federal vs. State
• Workplace Harassment: Your Rights Under Federal Law
• Employment Law by state

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.