Hostile work environment: the definition, EEOC examples, and what to write down (US)

A hostile work environment, as the U.S. Equal Employment Opportunity Commission (EEOC) describes it, is harassment based on a protected characteristic that is severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or abusive. The protected characteristics are race, color, religion, sex (the EEOC's page includes pregnancy, sexual orientation, and transgender status), national origin, age (40 or older), disability, and genetic information. In federal law the term is narrower than in everyday speech: a harsh or unfair boss is not automatically a hostile work environment. Below: the definition in parts, the EEOC's examples, and what to write down for each. This guide is for people working in the United States and is not legal advice.

Hostile work environment definition, part by part

• Unwelcome: conduct you didn't invite or want.
• Based on a protected characteristic: personality conflicts, disagreements, or a boss who criticizes you for no obvious reason aren't covered by federal EEO law on their own, the EEOC says.
• Severe or pervasive: one extremely serious incident, or conduct that keeps happening. The EEOC says petty slights, annoyances, and isolated incidents (unless extremely serious) don't rise to the level of illegality.
• Abusive to a reasonable person, and to you: conduct a reasonable person in your position would find abusive, and that you actually find abusive.
• Judged case by case: the EEOC looks at the nature of the conduct and its context.

Harassment based on a protected characteristic is also against the law when putting up with it becomes a condition of keeping your job, or when it comes with a change such as a demotion, lost pay, or firing. The EEOC notes that its harassment page is being reviewed and will be revised, so check the current version.

Hostile work environment examples the EEOC gives

The EEOC's examples of harassing conduct include:

• ethnic, racial, religious, or sex-based slurs, offensive jokes, name-calling, ridicule, or put-downs;
• a noose, religious or ethnic hate symbols, or racist cartoons;
• pornography or sexually demeaning images shared at work;
• imitating someone's disability-related limitations or mocking their accent;
• threats or intimidation because of someone's religious beliefs or attire, or lack of religious belief;
• groping, touching, or physical assault, and interference with someone's work.

The person doing it can be a supervisor, a coworker, or someone who isn't an employee, such as a customer. The EEOC also says the person harmed can be anyone affected by the conduct, not only its target, and that it can happen online, including when you work remotely.

What to write down for each part

Write one entry per incident, the same day if you can; separate entries show how often something happens, which matters for “pervasive.” Quote exact words where you remember them and mark paraphrases. A fictional example:

Reporting also matters to employer responsibility, as the EEOC explains it. For harassment by coworkers, or by non-employees it has control over, the employer is liable if it knew or should have known and failed to take prompt and appropriate corrective action. For a supervisor's harassment, the employer's defense turns partly on whether the employee unreasonably failed to use the complaint options it provided. So the date you used your employer's anti-harassment policy belongs in the record.

Keep labels out of the entries: write what was said, not “he harassed me,” and leave the conclusion to HR, the EEOC, a state agency, or a lawyer. The free incident log template has prompts for each entry, and how to document workplace incidents covers what to prepare before HR.

If it doesn't fit the definition, or something else is going on

• No link to a protected characteristic: the conduct may fall outside federal EEO law and still go against your employer's policy; see bullying vs. harassment.
• A small employer: the EEOC lists coverage as 15 or more employees (20 or more for age claims); many states and localities have their own anti-discrimination laws and agencies.
• It started after you complained: it may be retaliation instead. The EEOC says abusive behavior reasonably likely to deter people from complaining can be retaliation even if it isn't yet severe or pervasive.
• Deadlines: for ongoing harassment, an EEOC charge generally must be filed within 180 calendar days of the last incident, or 300 where a state or local agency enforces a similar law, and the EEOC looks at the earlier incidents too. An internal complaint generally doesn't extend that time. Federal employees generally have 45 days to contact an agency EEO counselor.

If you're threatened or hurt, contact emergency services first.

Kirokune keeps your notes and photos in one case on your iPhone, in date order, so you can see how often something happened before you report it. The free version includes one case with unlimited records and needs no account; PDF export is a Kirokune Plus (paid) feature. Kirokune doesn't sync or keep its own cloud copy; if iPhone backup (iCloud or a computer) is on, your records are included in it. It does not decide what happened or give legal advice.

Frequently asked questions

What is the definition of a hostile work environment?

Under the federal laws the EEOC enforces, it is harassment based on race, color, religion, sex, national origin, age (40 or older), disability, or genetic information that is severe or pervasive enough that a reasonable person in your position would find the workplace intimidating, hostile, or abusive, and that you actually find abusive. Whether a situation meets that standard is decided case by case.

What are examples of a hostile work environment?

The EEOC's examples include ethnic, racial, religious, or sex-based slurs; hate symbols such as a noose; sharing pornography; mocking someone's accent or imitating a disability; threats because of someone's religion; and unwanted touching or assault. Repeated conduct, or one extremely serious incident, is what the standard looks for.

Can one incident create a hostile work environment?

The EEOC says isolated incidents generally don't rise to the level of illegality unless they are extremely serious. Write the incident down with the date, the exact words or actions, and who was there, and add a new entry each time something else happens.

Is a bad boss a hostile work environment?

Not automatically. The EEOC says personality conflicts, and criticism for no obvious reason, aren't covered by federal EEO law on their own. It becomes a hostile work environment question when the conduct is based on a protected characteristic and is severe or pervasive. Your employer's policy may still cover conduct the law doesn't.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.