When employees say their workplace is “toxic” or “hostile,” they’re often using the term loosely—maybe it’s office drama, an annoying boss, or just a generally tense atmosphere. But in employment law, a hostile work environment has a very specific legal meaning. And as courts have refined the standard over the years, the line between what’s actionable and what’s just unpleasant has gotten sharper (but not necessarily clearer).
For both employers and employees in West Virginia, it’s important to understand what actually qualifies as a hostile work environment under the law, how these claims are proven, and what the potential pitfalls are in litigation. Spoiler alert: just being a jerk isn’t necessarily illegal.
What Is a Hostile Work Environment?
Under both federal law and West Virginia law, a hostile work environment occurs when an employee is subjected to discriminatory harassment that is severe or pervasive enough to alter the conditions of employment and create an abusive working environment.
Continue reading The Evolving Standard for Hostile Work Environment Claims