Yes, it happens. I have experienced a case where a high-level executive hit an employee during a meeting. I have experienced a case where a manager took an employee by the neck, slammed him against a wall, and threatened his life… and these were in an office setting.
However, hostility is not always this violent. Hostility in the workplace comes in many forms. Words, silence, stares, demotion, teasing, decrease in hours, decrease in pay, comments about your weight or physical attributes, eye-rolling, insults, isolation, ignoring emails, threats, gossiping, yelling, sarcasm, passive-aggressive behavior, and yes, assault and battery.
Alone an eye roll may not be a big deal, but put in context, with other persistent hostile behavior, it may constitute a hostile work environment. It seems like common sense. You know when someone is being mean to you or acting hostile.
But what you may not know, is that it’s not unlawful to be a jerk. It’s not unlawful to be a great big jerk. What is unlawful, however, is to be such a big jerk that it creates a hostile work environment. Here’s the catch. This hostile work environment has to have two things.
First, it has to be because of a protected category. (That’s legal speak for the protected categories under Title VII, ADA, and ADEA “prohibiting discrimination based on age (40 years old and older), race, color, religion, gender, sexual orientation, national origin or disability). Second, the hostile work environment has to be so severe or pervasive that it impacts your ability to do your work. Admittedly this is a high threshold to meet, but that does not mean that specific facts and circumstances will not satisfy its requirements.
And because the hostility has to be because of a protected category, you typically have a discrimination claim as well. So, if your boss is hostile to you, ask yourself why. Is he[1] being hostile to me because I am older than, and not as quick on the computer as, a younger employee?
Is he hostile to me because I am homosexual? Is he hostile to me because I’m female and he only treats male employees kindly? If your answer to why is because he is just a great big jerk, then you may not have a claim (and you may want to consider finding different employment).
But time and time again, even a great big jerk has a reason for his hostile treatment towards you. Uncovering that reason typically reveals discrimination.
What Constitutes A Hostile Working Environment?
Some jobs make people dread showing up. Not because of the work itself, but because of the way they’re treated. A boss who screams in meetings and belittles employees in front of everyone. A coworker who makes crude jokes and keeps pushing boundaries no matter how many times they’re told to stop.
A pattern of people getting promoted or given better treatment for reasons that have nothing to do with performance. A hostile work environment is more than just a bad boss or a few rude comments. It’s a toxic atmosphere that makes it hard—or even impossible—to do the job. Management can create a hostile work environment by retaliating against employees for reporting issues like safety violations or joining a union.
An employer can be held liable for failing to prevent hostile work environment conditions unless it can prove it took steps to prevent harassment. Petty slights, annoyances, and isolated incidents do not typically qualify as violations of discrimination laws. Let’s review some behaviors that can lead to a hostile working environment:
- Harassment is nonstop. A woman gets inappropriate messages from a manager and is told to “lighten up” when she complains. A worker hears racist comments daily but knows that speaking up will only make things worse. Common complaints in sexual harassment lawsuits include sexual gossip unrelated to work and inappropriate jokes about physical contact.
- Bullying isn’t just strict management. Some bosses lead through fear, yelling, threatening jobs, or humiliating people in front of others. Sometimes it’s coworkers who spread rumors, gang up on someone, or make every workday miserable.
- Certain employees are treated differently. Someone with years of experience keeps getting passed over for promotions. A pregnant worker suddenly finds her hours cut. A manager plays favorites, giving the best assignments to people who fit a certain mold while everyone else is left struggling.
- Retaliation keeps people in line. Reporting harassment, discrimination, or even unethical behavior leads to consequences—fewer hours, sudden write-ups, or even getting pushed out completely. Many people stay quiet because they know what happens to those who don’t.
If a company has a culture that fosters hostility, changes need to be implemented to ensure a safe and open environment for all employees. State or federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious in a workplace. A hostile workplace can be a result of sexual harassment, which includes unwelcome sexual advances and commentary on physical appearance.
A workplace like this drains people. It wears them down, destroys confidence, and makes it impossible to focus on anything except getting through the day. No one should have to choose between their job and their dignity.
What To Do If You’ve Been Assaulted At Work By Your Boss
Dangerous work situations may arise from inadequate training or insufficient staffing. If a boss lays hands on an employee, that crosses a line that can’t be ignored. It doesn’t matter if it was a slap, a shove, a tight grip on the arm, or something worse.
That’s assault and no one should have to put up with it just to keep a paycheck. Here are some things you need to keep in mind if you were physically attacked by your boss at work:
- Get out of the situation. If it feels unsafe to stay, walk out. Nothing about that job is worth staying in danger.
- Write everything down. The date, time, place, and exactly what happened. Even small details matter. If anyone saw it, their names should go in the notes too. After an assault, it is important to collect evidence to support a possible compensation claim.
- See a doctor if there’s an injury. Even if it doesn’t seem serious at first, some injuries show up later. A doctor’s visit also creates a record of what happened. Psychological injuries from a hostile workplace assault can take time to notice and may require ongoing medical assessments. Keeping a diary of injury symptoms can aid in future medical evaluations and claims.
- Report it, but be smart about it. HR might take action, or they might try to protect the company. If going to them feels risky, it may be better to take it straight to law enforcement.
- Call the police. Assault is a crime, no matter who does it. Filing a police report makes it official and could stop the boss from doing it to someone else. You should report the assault to the police no matter the circumstances.
- Talk to a lawyer. There are legal options, and no one should have to figure them out alone. Whether it’s pressing charges, suing, or holding the company responsible, getting legal help can make all the difference. You should consider submitting a grievance if you believe the assault could have been prevented.
Connecticut labor laws include regulations on employee leave, pay, and anti-discrimination policies. You may have grounds for a constructive dismissal claim if your Connecticut employer fails to address safety after your assault. Walking away and staying silent might seem easier, but it lets the abuser get away with it.
Taking action isn’t just about getting justice. It’s about making sure it doesn’t happen again—to anyone.
Were You Physically Attacked By Your Boss? Contact A Connecticut Employment Law Attorney Now For Help!
What would you do if your boss hit you? Hostility in the workplace? If you would like more information, contact our employment lawyers in Connecticut and New York, Carey & Associates PC at 203-255-4150.
https://capclaw.com/how-do-i-prove-a-hostile-work-environment/
https://capclaw.com/what-are-the-3-basic-employment-rights-for-a-worker/