We get calls daily regarding workplace harassment, bullying, and intimidation. Many people are familiar with the phrase “hostile work environment.” It is important to understand that a “hostile work environment” as a legal term has a very narrow definition.

Just because your boss calls you names or your co-workers are unpleasant does not necessarily mean you have a “hostile work environment” for which we can represent you. The United States Supreme Court stated in Oncale v. Sundowner Offshore Services, Inc. that Title VII is “not a general civility code.” Your boss doesn’t isn’t required to be nice (or honest.) Simple teasing, offhand comments, and the like do not constitute a “hostile workplace.”

For the workplace to be “hostile” your boss’ or co-workers conduct must be so “objectively offensive as to alter the conditions of your employment.”

“Conditions of employment” are only considered “altered” if the action or conduct is sufficiently severe or pervasive. To give an example: the courts have rejected claims that a single incident of an employee defecating (pooping) in another employee’s desk drawer created a hostile workplace. In contrast, pervasive and severe unwanted physical contact has been recognized as “hostile.”

A “tangible employment actions” are also an example of an alteration of your conditions of employment. These situations are obvious. A tangible employment action is being fired, being laid off, having hours cut, having a pay cut, being put on an undesirable shift, etc. Each of these items alone is not “hostile.” However, if these occur as a method of harassing you, you may have a lawsuit worth pursuing.

How do you know if you have a case worth pursuing? It’s not always easy to know. Experienced lawyers and judges can (and do) disagree on what can and should be considered “hostile.” If you believe you may be suffering employment in a hostile workplace, the best thing for you to do is to seek qualified legal counsel.

A good employment lawyer can assess your situation and advise you of your legal options. Even if you don’t have a case, a good lawyer can help you to navigate some of the pitfalls and hazards of working for a crummy boss.