Hostile Work Environment

Mar 1, 2016

What rights do you have when you believe that you are being subjected to a “hostile work environment?” “Hostile work environment” protections arise under the Civil Rights Act of 1964, and other anti-discrimination laws. Union advocates and members need to know and understand the concept of a “hostile work environment” claim. The phrase “hostile work environment” has made its way into the vocabulary of the workforce, but the concept is easily misunderstood and misused. If you file a claim alleging a “hostile work environment” without fully understanding the concept, your claim may be unsuccessful. Understanding the basic concepts of a “hostile work environment” claim will help you avoid any pitfalls.

A “hostile work environment” is a type of harassment, resulting from speech or conduct that is:

“severe or pervasive” enough to
create a “hostile or abusive work environment”
based on race, religion, sex, national origin, age, disability, veteran status, or, in some jurisdictions, sexual orientation, political affiliation, citizenship status, marital status, or personal appearance,
for the plaintiff and for a reasonable person.

What this means is that the harassment must be severe or pervasive. It is usually not enough to have a single instance of offensive behavior. The harassment must be based on a protected category such as race, sex, religion, etc. It is not enough that there is a personal dislike involved or even a mistreatment based on a non-protected category, such as being a Yankees or a Red Sox fan.

Finally, the harassment must meet a “reasonable person” standard. Would a reasonable person, as defined by the EEOC and the courts, find the speech or conduct to be severe or pervasive enough to constitute a hostile work environment?

Remember that if you are discriminated against based on your union activity, that may constitute an Unfair Labor Practice under the Federal Service Labor Management Relations Act, a separate law.

Acts of hostility or harassment that do not meet the strict “hostile work environment” standard may be actionable under the FAA’s Accountability Board.

Before you file a hostile work environment claim, check with your Facility Representative, EEO counselor, or your NATCA LR representative for further assistance.