What is a Hostile Workplace?

Written by Cooper & Friedman PLLC on May 20, 2025

A hostile workplace is not just a toxic workplace; it is an illegal one. It can harm an employee’s well-being, job performance, and mental health. However, not every rude or unkind action at work creates a hostile workplace. The U.S. Equal Employment Opportunity Commission (EEOC) provides clear guidance on workplace harassment.

What Makes a Workplace Hostile?

According to the EEOC, harassment becomes illegal when it targets someone based on a legally protected characteristic. These characteristics include race, color, religion, sex, national origin, disability, age (40 or older), and genetic information. Additionally, a hostile workplace must include harassment that is so severe or frequent that a reasonable person would find it abusive. The law calls this “pervasive” behavior. Harassment does not have to be both severe and frequent—just one of the two is enough.

Examples of actions that could contribute to a hostile workplace:

Racial or ethnic slurs
Sexually offensive comments or jokes
Threats or intimidation due to religion
Mocking a disability
Offensive images or symbols in the workplace
Harassment about sexual orientation or gender identity

Even one serious incident, like touching an intimate body part or using an extreme slur, may be enough to meet the legal standard.

Who Can Be a Harasser?

Anyone in the workplace can create a hostile environment. This includes supervisors, coworkers, or even clients and customers. Employers are responsible for preventing harassment from any source once they become aware of it.

And remember: harassment doesn’t always involve someone different from the victim. For example, a woman can harass another woman. The law protects people in these situations, too. Also, a person can face harassment based on perceived characteristics. If someone is harassed because they are believed to be of a certain religion, race, sexuality, and so on, regardless of whether that belief is incorrect, it can still be illegal.

When Is the Employer Responsible?

If the harassment includes firing, demotion, or denial of a promotion, the employer is automatically liable. The victim does not need to prove the harassment was severe or pervasive in these cases. In hostile work environment cases, liability depends on several factors, including the harasser’s role in the company, whether the employer took steps to prevent or stop harassment, and whether the employee used the complaint process. If the employer knew or should have known about the harassment and failed to act, they can be held responsible.

What Can Victims Do?

If you’re dealing with a hostile workplace, act quickly. Reporting the harassment early gives your employer a chance to fix the problem. You can report harassment in several ways:

Follow your company’s complaint procedure
Report to a supervisor, manager, or HR representative
File a charge with the EEOC or your state’s fair employment agency

If your workplace doesn’t have a clear or safe reporting system, that doesn’t mean you’re out of options. The law still protects you!

What Are Employers Supposed to Do?

Employers have a responsibility to take reasonable steps to prevent and correct harassment. That includes:

Creating a clear, easy-to-follow anti-harassment policy
Offering multiple safe ways to report harassment
Providing training to all staff, including supervisors
Responding promptly and fairly to all complaints

What If There’s No Proof?

Harassment doesn’t always happen in public. An employee’s statement may be enough for an employer or a court to take action. The law does not require physical evidence like emails, texts, or video footage. However, in these cases, credibility becomes key so, if you have evidence, be sure to present it. A thorough investigation by a neutral party is essential. Employers should preserve records and update both the accuser and the accused throughout the process.

When Should You Call a Lawyer for a Hostile Workplace?

If you believe you are working in a hostile workplace, contact an attorney. An experienced employment lawyer can help you understand your rights and take the next steps. At Cooper and Friedman, we stand up for workers. You deserve a safe, respectful work environment. Don’t wait until the damage is done and reach out today for a free consultation.

If you or someone you love has been a victim of a hostile workplace in the State of Kentucky and are in need of an experienced workers compensation attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of workers. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.