Legal Definition of Hostile Work Environment

• The Equal Employment Opportunity Commission (EEOC) is the federal government agency responsible for enforcing Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on these and other factors. Title 29, Volume 4, Chapter XIV of the Code of Federal Regulations (laws enforced by the EEOC) defines a hostile work environment as one that "unreasonably interfer[es] with an individual's job performance" or, is an "intimidating, hostile or offensive working environment."
  
  

Delaware Case Law Concerning a Hostile Work Environment

• While Delaware law closely follows federal law concerning a hostile work environment, recent Delaware case law supports another basis on which an employee can claim being subjected to this type of atmosphere. In Jensen v. Potter, 435 F.3d 444 (3d Cir. 2006), the plaintiff's initial claims of sexual harassment concerning her supervisor's discriminatory acts were remedied when the accused supervisor was terminated. This means the plaintiff did not suffer any adverse employment action (i.e., termination, demotion) as a result of the offensive treatment. Nevertheless, the Delaware employer's duty to maintain a workplace free from discrimination did not end there. In this case, Ms. Jensen's hostile work environment claims resulted from acts that occurred after the supervisor's termination.
  
  

Employees' Subsequent Actions Created a Hostile Work Environment in Delaware

• The Third Circuit Court of Appeals in Jensen v. Potter ruled that Ms. Jensen indeed had a valid claim of hostile work environment subsequent to the remedy of her initial claim. In the aftermath of resolving the initial claim, Ms. Jensen's co-workers engaged in behavior that created an intolerable atmosphere. Ms. Jensen's co-workers damaged her personal property and harassed her based on their misguided loyalty and allegiance to the supervisor who was terminated.
  
  

Another Hostile Work Environment Perspective

• In other cases, hostile work environment claims are made by employees who are not directly affected by discriminatory acts in the workplace. For example, in race discrimination matters, the targeted employee may not be the only one who feels the employer's actions create a hostile work environment. Employees who are not directly targeted, and who find the behavior offensive may also have valid claims of a hostile work environment. These employees often testify as witnesses to the plaintiff's complaints about discriminatory practices.
  
  

Considerations in Recognizing a Hostile Work Environment

• Employers are obligated to adhere to fair employment practices; employers are also vicariously responsible for the acts of their employees. The duty to maintain a working environment free from discrimination does not end with resolution of the initial claim. Vigilant employers continuously monitor the behavior of employees to ensure that their employees are not engaging in retaliatory treatment or harassment of an employee who bring discriminatory practices to the attention of their employer.