By: Gregg Zeff
On: August 4, 2025
Reviewed and updated on Oct 10, 2025
According to the U.S. Equal Employment Opportunity Commission, a hostile work environment can occur when harassment is so severe or frequent, that a reasonable person in the employee’s position would find the situation to be abusive. If you’ve felt threatened, harassed, or constantly intimidated at work, then you may be working in a hostile work environment, and may have legal recourse. Harassment is unwelcome conduct that is based on race, religion, color, sex (including sexual orientation, transgender status or pregnancy), national origin, age or disability. Recent findings indicate that workplace safety and well-being is declining, emphasizing the importance of addressing work conditions to foster a healthier and more supportive environment.
Table of Contents
- What Legally Qualifies As A Hostile Work Environment?
- What Are the Signs of a Hostile Work Environment?
- What Are The Three Types Of Harassment In A Hostile Work Environment?
- What Are Real-Life Examples Of Hostile Work Environments?
- What Situations Are Not Considered a Hostile Work Environment?
- Can I Legally Refuse to Work in a Hostile Environment?
- What To Do If You’re In A Hostile Work Environment?
What Legally Qualifies As A Hostile Work Environment?
What Are the Signs of a Hostile Work Environment?
A hostile work environment involves ongoing behavior that makes it hard to work safely and comfortably. Common signs include:
- Ongoing Harassment: Repeated offensive or discriminatory remarks linked to race, gender, religion, age, or other protected traits
- Verbal Abuse or Threats: Yelling, insults, or threatening behavior from coworkers or supervisors
- Retaliation: Facing negative consequences after reporting harassment or discrimination
- Sabotage or Unfair Demands: Being set up to fail with unrealistic expectations or withheld support
- Toxic Work Culture: Constant negativity, bullying, or fear of speaking up
Tip: If you notice these signs, start collecting documentation immediately.
What Are The Three Types Of Harassment In A Hostile Work Environment?
The three main types of harassment that constitute a hostile work environment are:
- Verbal/Written Harassment: Insults, offensive jokes, slurs, or threatening messages.
- Physical Harassment: Unwanted touching, blocking movement, or aggressive behavior.
- Visual Harassment: Offensive images, inappropriate gestures, or suggestive emails.
These types of unwelcome behavior lead an employee to feel uncomfortable, intimidated, or scared as a result. Harassment that is purposeful and happens consistently, or that occurs in a single severe event, can constitute a hostile work environment.
What Are Real–Life Examples Of Hostile Work Environments?
There are several common real-world examples of the types of working conditions that constitute a hostile work environment. Many cases share these commonalities:
- Discrimination: Employees who are denied certain refused promotions, who receive unequal pay, or who are denied opportunities due to age, gender, or some other protected characteristic.
- Sexual Harassment: Unwanted sexual advances, sexual jokes or comments, displaying or sharing sexually explicit material, and vulgar comments about an employee’s sexual orientation are examples of sexual harassment.
- Racial Harassment: Employees are targeted based on their race or ethnicity. One example would include an employee who is the recipient of racial slurs.
- Aggressiveness: This type of environment creates an atmosphere of fear, intimidation, and tension. An example would be a supervisor who gets angry and verbally ridicules an employee or physically shoves the employee because of that employee’s protected characteristic.
What Situations Are Not Considered A Hostile Work Environment? Common Misconceptions
There often is a discrepancy between a hostile work environment and an unpleasant workplace, and many employees confuse the two. For example, an unfriendly supervisor, other obnoxious employees, or feeling underpaid all would constitute an unpleasant workplace, but would not be considered illegal. To be a legally actionable hostile work environment, the harassment must be motivated by or related to a protected trait like race, sex, national origin or religion.
Can I Legally Refuse To Work In A Hostile Environment?
You can refuse to work in a hostile work environment, but an essential component of doing so should include filing a report with your employer documenting your exposure to the constituted hostile work environment. Once you have formally reported this to your employer, they may not retaliate in any such manner which is also unlawful. If in fact you believe such retaliation was directed towards you to force your resignation, your employer may be found to have committed constructive termination, allowing you to move forward with a constructive termination case against your employer. Constructive termination only applies when the harassment is very serious, so consult a hostile work environment attorney before stopping work.
What To Do If You’re In A Hostile Work Environment?
If you believe you’re a victim of a hostile work environment, you should immediately begin documenting relevant information to help build your case. Documentation should include detailed, chronological logs including verbatim quotes, witness names/contact information, and copies of digital evidence (such as emails, texts, screenshots). Also collect official company complaints you filed and any medical records showing the impact. Consider consulting an attorney that specializes in hostile work environments to review your evidence and protect your rights.