How do I prove a hostile work environment?
To prove a hostile work environment claim, an employee must prove that the underlying acts were severe or pervasive. To determine if the environment is hostile, the courts consider the totality of the circumstances, including the conduct’s severity. Severe harassment includes physical touching, implicit physical coercion, extreme language, or obscene behavior.
The harassment must be both unwelcome and offensive to you, as well as being objectively offensive (meaning that a reasonable person would find the harassment hostile and abusive).
To determine whether harassment violates the Age Discrimination in Employment Act (ADEA), courts consider the following factors:
- the frequency of the discriminatory conduct;
- its severity;
- whether it is physically threatening or humiliating, or a mere offensive utterance; and
- whether it unreasonably interferes with an employee’s work performance.
Talk with an age discrimination lawyer to maximize your potential damages. If you have experienced workplace discrimination or whistleblower retaliation, call us at (202) 769-1681, or start your preliminary consultation online
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A Sexual Harassment Survival Guide for Employees
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