A hostile work environment exists when unwelcome conduct occurs based upon a protected characteristic. So, for example, sexual harassment — a sexual harassment hostile work environment would be an environment that is filled with sexual comments, misogynistic behavior, treating women differently.
It could also be on the basis of age, or on the basis of race, or the basis of religion. If the conduct and the unwelcome conduct is severe or pervasive, that it would create an intimidating or abusive work environment, and that’s where it turns into a hostile work environment.
There are many, many examples. You could have verbal behavior such as slurs, or offensive jokes, or threats. You could have physical behavior, such as intimidation or unwanted touching, in the case of sexual harassment. It could include visual or written types of behavior — so text messages, emails, memes. The behavior has to come from either a co-worker, a supervisor, or it could come from a customer.
So, the question is, how do you identify it and prove it? And, the critical thing here is to prove either a pattern or severity of an action. So regrettably, a severe hostile work environment could involve one act — in the case of sexual harassment, it could be a sexual assault. If you don’t have that, you go up to the other end of the continuum, and you have to compile together a host of unwelcomed behavior over a span of time that creates a hostile work environment.
Most important thing, lastly, is to document. Document, document, document — very important.