Why Hostile Work Environment Claims Are Hard to Prove

 Posted on February 27, 2025 in Civil Litigation

The term "hostile work environment" seems like it should be self-explanatory. If an employee goes to work every day and is treated with great disrespect or harassed by colleagues, she would not be remiss in describing her work environment as hostile. However, "hostile work environment" has an extremely specific meaning in employment law. First, the harassment the worker endures must be so severe and persistent that it interferes with her ability to perform her work. This is a fairly high bar - having a supervisor who is merely rude or coworkers who occasionally make insulting comments is not considered enough to stop a reasonable employee from carrying out her job duties. Even if an employee can show this level of harassment, she must also be able to prove that she was harassed for a discriminatory reason.

If your company has been threatened with a hostile work environment claim, you should contact an experienced Lisle, IL commercial litigation attorney. A lawsuit that is unlikely to succeed can still cause trouble for your small business, especially if it attracts media attention. All discrimination-based claims should be handled with care by a skilled lawyer.

Only Severe and Persistent Harassment Counts 

Nearly everyone who has ever worked for pay has experienced some level of mistreatment from other employees on at least one occasion. However, only a very small percentage experience the type of severe and persistent harassment that courts look for in a hostile work environment claim. The employee must be facing harassment almost on a daily basis. Workplace harassment that is sporadic or occasional is normally not enough, especially if it is dealt with promptly by the employer.

Hostile work environments are extremely hard for other workers to create unless the employer deliberately turns a blind eye to the situation. If you, as an employer, take action when an employee first complains of harassment, you can likely head off these claims entirely.

Harassment Must be Discrimination-Based 

Hostile work environment laws only apply when an employee is being harassed based on her membership in a protected class. Harassment based on an employee’s race, religion, gender identity, disability, sexual orientation, nationality, or other protected traits can give rise to a hostile work environment claim. This specific type of claim does not apply if an employee is targeted for other reasons, such as her behavior in the workplace or poor personal hygiene.

Contact a Lisle, IL Employment Disputes Attorney 

SpyratosDavis LLC is committed to protecting small businesses by fighting back against frivolous lawsuits and unfounded claims. Our experienced DuPage County, IL employment discrimination attorneys will do all we can to guard your business against an unreasonable harassment or hostile work environment claim. Contact us at 630-810-8881 for a confidential consultation.