A "Hostile Working Environment" -- What It Is and What It Is Not
Employees frequently complain about a "hostile working environment." The term has specific legal meaning that is much more narrow than is typically thought. It does not ordinarily cover demanding or unpleasant bosses, rude or gossipy co-workers, or hot-tempered customers. To the contrary, it requires conduct that meets certain legal standards and is tied to a protected classification such as sex or race. HR professionals must know how to distinguish between complaints of a hostile working environment that potentially involve unlawful conduct and require a thorough investigation, and those that merely describe the ordinary stresses of the work day. This presentation will highlight the difference.
Learning Objectives:
- Learn the legal meaning of the term "hostile working environment."
- Learn how to distinguish between complaints of a hostile environment that require a full investigation and those that do not.
- Learn how to address complaints that do not involve unlawful conduct or violations of company policy.
In-person session offerings are on a first-come, first-served basis.
James J. McDonald
James J. McDonald, Jr. is a partner in the Irvine, California and Tampa, Florida offices of Fisher & Phillips LLP, where he is a litigator, trial lawyer and strategic advisor to employers regarding labor and employment law matters. He is author of the SHRM-published book, California Employment Law: An Employer’s Guide, and he is a frequent speaker on employment law issues. He is a cum laude law graduate of Georgetown University and a member of the California and Florida Bars, and he holds the SHRM-SCP certification.