Hostile Work Environment

A hostile work environment is a workplace that the harassment is so frequent or severe and pervasive insult, intimidation and/or ridicule based on a person’s race, national origin, disability, religion, age or sex such that a reasonable person would find it hostile or abusive or when it results in an adverse employment decision (such as the victim being fired or demoted).  For example, co-workers who make unwanted sexual advances or comments or treating a person like a sexual object.

Sexual harassment is any unwanted attention of a sexual nature (verbal or physical) that creates discomfort and/or interferes with the job.  Sexual harassment can occur in several ways including unwelcomed sexual advances, requests for sexual favors, verbal abuse (e.g., suggestive comments or demands), or physical conduct of a sexual nature (e.g., touching, pinching, and patting).

Sexual harassment in the workplace is illegal under both state and federal law and can present itself in various ways.  Under Federal law employers with 15 or more employees are covered by the primary anti-harassment law.  Under Ohio State law employers with 4 or more employees are covered.

Quid Pro Quo harassment, occurs when employment terms, conditions or benefits are conditioned on the victim’s submission to unwelcome sexual advances made by his or her supervisor. For example, a supervisor stating or implying to an employee that his/her job depends on meeting sexual demands.  A victim who eventually succumbs to the advances still may have a claim.  The person creating the harassment must be a person with managerial authority.  The employer is strictly liable for any proven harassment.

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Victims of sexual harassment often encounter harassing behavior from fellow employees, supervisors, co-workers, clients or customers. The majority of sexual harassment victims are women; however, the victim and harasser do not have to be members of the opposite sex. Victims can face harassment from employees, supervisors, coworkers, clients or customers of the same or opposite sex.  The environment can be caused by vulgar comments, stories or jokes, offensive documents or postings, leering, or inappropriate physical conduct.

Ohio law prohibits retaliatory action against any person filing a sexual harassment complaint.

If you believe you are being sexually harassed or you are working in a hostile work environment file a written complaint with your HR dept.  If the business is small and your boss is doing the harassing and there is no HR dept. file a written complaint with the Ohio Civil Rights Commission.  You have 180 days to file a charge with Ohio Civil Rights Commission or the U.S. Equal Employment Opportunity Commission (EEOC).