Hostile work environment refers to harassment that becomes so severe and pervasive that it creates an environment in the workplace that is intimidating, hostile, or abusive. A claim of a hostile work environment is a type of discrimination that is illegal under Title VII of the Civil Rights Act of 1964 (Title VII). All employers with 15 or more employees must comply with Title VII. This includes employment agencies, labor unions and state and local governments.

A hostile work environment is illegal only if the conduct is unwelcome and it is based on race, color, sex, religion, national origin, disability, and/or age. Also, if enduring the offensive conduct is a condition of continued employment it is illegal. In addition, conduct is also actionable if the conduct is so severe or pervasive that the work environment becomes intimidating, hostile or abusive to a reasonable person.

Conduct that may constitute harassment and create a hostile work environment includes offensive jokes, insults, slurs, epithets or name calling or physical assaults or threats. However, minor annoyances and petty slights do not constitute illegal harassment unless they become frequent and not isolated.

Finally, an employer may be held liable for conduct of a supervisor, co-worker, or even a non-employee if the employer knows of the offensive conduct and fails to take remedial action. However, the employee affected by sexual harassment must affirmatively take advantage of the EEO procedures, if any, made available to the employee by the company. Otherwise, the employer may defend by claiming that it attempted to curb harassment through the implementation of appropriate procedures, but the employee failed to take advantage of those procedures.