What Is “Unwelcome Conduct” That Can Create a Sexually Hostile Workplace?

A hostile work environment is a type of sexual harassment that occurs when an employee is subjected to unwelcome verbal or physical conduct that is so severe or pervasive that a reasonable person would find the workplace intolerable. Typically, the unwelcome conduct must be persistent and repeated. However, in New Jersey, a single incident can create a hostile work environment if it is severe enough.

An essential element of hostile workplace sexual harassment is “unwelcome conduct.” Such conduct can come in many forms and be engaged in by many different people within a business. For example, you could be subjected to unlawful behavior by any of the following on the business premises:

• A co-worker
• A supervisor (your direct report or someone further up the chain)
• A vendor
• A customer

As for what conduct could be considered unwelcome, there are many different possibilities. The following are common examples:

• Unwanted sexual advances
• Asking inappropriate questions
• Giving someone an inappropriate or sexually-charged nickname
• Verbal harassment
• Unwanted physical touching
• A co-worker pinning up an offensive photo in their cubicle and not removing it when asked

A single instance of unwelcome conduct can create a hostile workplace if the conduct is severe. A sexual assault in the workplace would certainly qualify. Otherwise, unwelcome conduct must be persistent and repetitive. For example, if a co-worker makes one sexist comment toward you, that comment alone is probably not enough. However, if that person makes such comments on a regular basis over a period of time, then the conduct as a whole may support a hostile work environment legal claim. You should always document instances of unwelcome conduct when they happen to you, so that you have a record of the repeated nature of the actions or comments when you report them.

It is stressful to experience a hostile work environment and it can be equally stressful to summon the courage to report the behavior and assert your legal rights. You are entitled to a working environment that is free from harassment and you can always turn to a lawyer for advice on how to handle the situation.

Deutsch Atkins & Kleinfeldt, P.C. in Hackensack is devoted to helping employees throughout New Jersey protect themselves from all forms of workplace sexual harassment. If you believe you are working in a hostile environment, call us at 551-245-8894 or contact us online to schedule a meeting to discuss the situation with one of our attorneys.