A hostile work environment claim is a workplace discrimination claim under both Maryland and federal law. The complainant must prove (i) discrimination based on race, gender, sexual orientation, ancestry, national origin, color, religion, pregnancy, age, or disability, and (ii) the conduct must have been severe or pervasive enough to constitute abuse.
What Exactly Constitutes a “Hostile Work Environment”?
Whether the Conduct Targets a Protected Characteristic
At the core of a hostile work environment is inappropriate behavior that involves discrimination based on membership in a legally protected class, i.e., gender, race, religion, and other characteristics protected under state and federal law. Sexual harassment is definitely included within the scope of discriminatory behavior. In fact, it is one of the most commonly asserted bases of hostile work environment harassment. Maryland state law also prohibits discrimination based on marital status, meaning that harassment that specifically focuses on someone’s marriage (or lack thereof) may also be unlawful.
Whether the Conduct Is Severe or Pervasive
Hostile work environment harassment must be serious or continuous enough to be considered to be a relatively long-lasting feature of the workplace. Put simply, the misconduct must seriously alter the conditions of employment and create an abusive working environment.
While harassment claimants typically must prove ongoing, repeated misconduct to maintain a claim, a single incident can be sufficient if it is extremely severe: for instance, if you are called a racial slur by a supervisor.
If you are unsure about whether what you experienced gives rise to a claim, please speak to our experienced workplace discrimination attorney.
Whether the Conduct Would Offend a Reasonable Person
Courts also consider whether the hypothetical “reasonable person” would find the behavior abusive or hostile. What this means in practice is that someone who is hypersensitive will have trouble maintaining a claim if the average person would not have found the behavior offensive.
Whether the Employer Did Not Adequately Investigate or Remedy the Offensive Behavior
Many harassment cases start with an internal complaint to human resources or a supervisor. If your boss knew about harassment you faced from a coworker or a third party and did not promptly respond to the problem, they could be liable. If harassment came from a supervisor themself, your employer may be held liable, even if they didn’t know about it, depending on the circumstances.
Please note that internal complaints are not always possible or reasonable because there is no complaint process in place, or management is toxic. To protect your rights and your well-being, please speak to a knowledgeable attorney as soon as you notice offensive conduct. An attorney can help you determine if you should seek relief internally or if you should go straight to taking legal action.
Whether the Conduct Caused Harm
To receive relief in a harassment case, a victim must prove that the harassment caused them harm. This means that the conduct was serious enough to affect the terms, conditions, or privileges of employment and create an abusive working environment. This often includes emotional distress or interference with work performance, even without economic loss.
Identity of the Perpetrator
The perpetrator of harassment can be:
- The victim’s supervisor;
- A supervisor in another department;
- An agent of the employer;
- A co-worker; or
- A non-employee, such as a contractor, intern, or regular visitor.
If the perpetrator is not a supervisor, the victim will likely have to prove that:
- Their employer had control over the perpetrator,
- They did not unreasonably fail to use the employer’s harassment complaint procedure, and
- Their employer did not properly respond to the harassment.
There is significant nuance to making the above-listed determinations and establishing employer liability, so speaking to an attorney about what your case needs can be crucial.
Identity of the Victim
The victim can, of course, be the person who is being harassed, but could also be anyone else affected by the behavior.
Serious Outbreaks and the Hostile Working Environment
Not all harmful workplace conditions fall under discrimination law. Some issues, such as exposure to dangerous conditions or infectious diseases, are governed by workplace safety laws rather than anti-discrimination statutes.
Under the Occupational Safety and Health Act of 1970, employers are required to provide a workplace that is free from recognized hazards likely to cause death or serious physical harm. This includes taking reasonable steps to address known safety risks, which may include sanitation protocols, protective equipment, or workplace modifications during public health emergencies.
If an employer fails to address serious safety risks, employees may have rights under workplace safety laws, including the ability to file complaints with regulatory agencies or, in some circumstances, protection from retaliation.
However, unsafe working conditions alone do not typically qualify as a “hostile work environment” under discrimination law. To bring a hostile work environment claim, the conduct must be tied to a protected characteristic such as race, sex, age, disability, or another legally protected category.
That said, there can be overlap in certain situations. For example, if an employer enforces safety rules differently based on a protected characteristic or ignores safety complaints from certain groups of employees, that conduct may raise both safety and discrimination concerns.
If you need to enforce your rights with your employer for your protection, if you have been retaliated against for demanding a safe work environment, or if you have been wrongfully terminated because of your fear of working in an unsafe environment, we can help.
Contact an attorney at the Smithey Law Group, LLC, today! We have many years of combined experience in employment law, and we can take action if you have been retaliated against or terminated for insisting on a safe work environment.
Hypothetical Examples
A hostile work environment can be created by behaviors such as:
- Sharing sexual photos (not limited to pornographic images);
- Discussing sex acts or using sexually suggestive language;
- Making sexual comments, jokes, or gestures; or
- Asking sexual questions.
- This behavior may be directed towards the victim, or it may simply take place in the presence of the victim.
Actions that create a hostile work environment can also include:
- Posting sexual posters on the wall of a cubicle;
- Inappropriate touching, especially of an obvious sexual nature;
- Invading the victim’s personal space in a sexually suggestive or threatening manner;
- Telling offensive jokes (racist jokes, for example);
- Offering unwanted comments about someone’s appearance;
- Using ethnic slurs or highly insensitive language;
- Sabotaging an employee’s work;
- Setting up a Facebook group to shame a colleague; and
- Posting inappropriate photos of a colleague on the internet (even while off-duty).
It is impossible to list every possible behavior that might justify a hostile work environment claim,. Many offensive behaviors based on a protected characteristic may meet the criteria for a hostile work environment, at least if they are pervasive or severe enough. The law is still developing in this area, resulting in significant uncertainty.
Hypothetical Examples
A hostile work environment can be created by behaviors such as:
- Sharing sexual photos (not limited to pornographic images);
- Discussing sex acts or using sexually suggestive language;
- Making sexual comments, jokes, or gestures; or
- Asking sexual questions.
- This behavior may be directed towards the victim, or it may simply take place in the presence of the victim.
Actions that create a hostile work environment can also include:
- Posting sexual posters on the wall of a cubicle;
- Inappropriate touching, especially of an obvious sexual nature;
- Invading the victim’s personal space in a sexually suggestive or threatening manner;
- Telling offensive jokes (racist jokes, for example);
- Offering unwanted comments about someone’s appearance;
- Using ethnic slurs or highly insensitive language;
- Sabotaging an employee’s work;
- Setting up a Facebook group to shame a colleague; and
- Posting inappropriate photos of a colleague on the internet (even while off-duty).
It is impossible to list every possible behavior that might justify a hostile work environment claim,. Many offensive behaviors based on a protected characteristic may meet the criteria for a hostile work environment, at least if they are pervasive or severe enough. The law is still developing in this area, resulting in significant uncertainty.
Employer Defenses
An employer, facing a hostile work environment claim, even after abusive behavior has been proven, may defend its side by asserting that it made reasonable attempts to correct the behavior and prevent future instances of misconduct. An employer may also defend itself by claiming that the employee failed to take advantage of reasonable opportunities provided by the employer to correct or prevent the behavior.
Illustrative Example: Benny Boyd Auto Group
In 2015, the U.S. Equal Employment Opportunity Commission (EEOC) found the Benny Boyd Auto Group (Benny Boyd) liable for discriminating against one of its employees by subjecting him to a hostile work environment. The following are the details of the case.
In December 2010, Randall Hurst was offered the position of General Manager and Partner of the Lubbock, TX, Benny Boyd dealership (since the claim was filed under federal law, it doesn’t matter that the events did not take place in Maryland).
In May 2011, Mr. Hurst was diagnosed with multiple sclerosis (MS). He notified Benny Boyd’s management of this diagnosis.
Mr. Hurst continued working, but nothing more was said about his promotion. When he asked about it in March 2012, he received insults concerning his disability, including questions such as “Are you a cripple?”, along with a threat that he would soon be fired because of his disability. Mr. Hurst resigned in November 2012 and filed a complaint with the EEOC, alleging hostile work environment discrimination.
The EEOC filed a claim against Benny Boyd on behalf of Mr. Hurst.
Mr. Hurst ended up settling for $250,000. The EEOC also insisted that Benny Boyd take the following actions:
- Amend its discrimination policy to specifically forbid disability discrimination;
- Provide employee anti-discrimination training; and
- Post a conspicuous written notice on its premises that prohibits disability discrimination.
The dealership failed to comply with these requirements – instead, it closed down. It will have to comply with these requirements if it ever opens again.
Filing a Complaint
Your first action against a hostile work environment should be to take up the issue with your employer. You will often be expected to do this way before filing a formal complaint, unless there is a very good reason not to. If that doesn’t work, you typically have 180 300 days (if your case is also covered by state law) after the last incident to file a discrimination complaint with the EEOC. You can also file your harassment complaint with the Maryland Commission on Civil Rights (MCCR) and have two years to do so.
If the problem is not resolved within six months one way or the other, you should discuss other possibilities with your lawyer, including the possibility of filing a civil lawsuit against your employer or the perpetrator.
Retaliation
An employer may not retaliate against an employee for raising a hostile work environment claim. Retaliation is a separate charge that can be pursued, even if the original hostile work environment claim is dismissed.
Remedies
If you meet the criteria for a hostile work environment and your harassment complaint is successful, you can recover:
- Payment for lost wages and other financial losses,
- Compensation for emotional distress,
- Punitive damages (for egregious cases),
- Policy changes at work,
- Reinstatement of a position or benefits, and
- Attorney fees and legal costs.
The amount and types of remedies you may receive depend on the strength of your evidence.
How to Prove Hostile Work Environment Harassment
There are many kinds of evidence you can use to prove that you suffered hostile work environment harassment and should be compensated for the harm. Evidence of harassment and the harm caused may include:
- Copies of correspondence from the perpetrator,
- Witness testimony,
- Copies of internal complaints,
- Photos of offensive images,
- Screenshots of online misconduct,
- Healthcare records,
- Receipts,
- Employment documents,
- Wage records, and
- Employer policies.
You can collect some evidence easily on your own, but accessing other evidence may require sophisticated legal tools. We can help you gather the strongest evidence to prove your case and your right to compensation.
The Clock Is Ticking
The sooner you press your claim, the better your chances will be. If you believe that you may have been the victim of a hostile work environment, or if you are an employer who fears that an employee will assert such a claim, call Smithey Law Group LLC at (410) 881-8154 or contact us online. We serve clients in Annapolis, Baltimore, Columbia, Dundalk, Frederick, Germantown, Glen Burnie, Rockville, Silver Spring, and Waldorf.
Frequently Asked Questions
How Long Do I Have to File a Hostile Work Environment Complaint?
Your deadline for filing a complaint depends on where you file. If your complaint is also covered by state law and you file it with the EEOC, you normally have 300 days to file your complaint. If you want to make a harassment claim with the MCCR, you have two years after the incident of misconduct to submit it.
What Are the Criteria for Proving a Hostile Work Environment?
To prove hostile work environment harassment, you need to prove that there was sufficiently pervasive or severe workplace misconduct that targeted a protected characteristic. You also need to prove that your employer did not properly address the harassment and that you suffered harm. Each situation is unique, and we can show you how to prove hostile work environment harassment in your case.
Do I Have to Be the Target of Harassing Behavior to File a Claim?
No. If a perpetrator uses harassing behavior in your presence to target someone else in your workplace, you might still have a claim if that behavior caused you harm.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Occupational Safety and Health Administration, “OSH Act of 1970.”
- U.S. Equal Employment Opportunity Commission, “Benny Boyd Car Dealership to Pay $250,000 to Former Manager in EEOC Settlement,” (Feb. 11, 2015).
- U.S. Equal Employment Opportunity Commission, “Harassment.”
- U.S. Equal Employment Opportunity Commission, “Filing a Charge of Discrimination.”
- Maryland Commission on Civil Rights, “Start a Complaint Inquiry.”
