Legal Question in Employment Law in Maryland
Hostile Environment Not Relating to Sexual Harassment
To Whom It May Concern:
What are my rights as a Maryland employee in regard to hostile working environments (not sexual harassment)? I work for a small, privately owned company (LLC), and my boss has created an environment that I believe should be unacceptable. I am not the only one who feels this way. All of my coworkers have begun looking for other job opportunities. Do I have any legal protection? Or can the boss treat an employee whatever way they want?
Thank you for your time.
2 Answers from Attorneys
Re: Hostile Environment Not Relating to Sexual Harassment
The word "hostile" has a very special meaning in employment law. It does not refer to whether an employer is "nice" or treats employees well.
Within Employment law, a "hostile" work environment is one in which the boss permits an environment in which things like sexual or racial comments, induendo, etc are permitted. So, if a supervisor permits a group of male employees to constantly use sexual comments when working around a female employee, that would be a "hostile" work environment. It would be the same if an employer permitted a group of white employees to make racial comments around an african american employee. These are examples, but in a hostile work environment, the basis for the claim must be that sex/gender, race, national origin, etc. is the root of the hostile environment.
So, this does not mean that an employer has to be nice. If the employer is simply being "mean" to everyone, that would not qualify as a "hostile" work environment under employment law (unless race, sex, national origina, etc. is somehow tied-in).
If you think you face a hostile work environment, you should contact an attorney who practices in that area of law and seek a consultation so that your exact facts can be measured with the law.
Re: Hostile Environment Not Relating to Sexual Harassment
You must have a basis on race, gender, age, disability, or national origin to be cognizable at law for hostile work environment. Attitude problems will likely be claimed as an immediate defense to a claim that is brought otherwise. This aside, your employer does not have a right to verbally abuse you. Unfortunately unless you have a contract or some collective bargaining agreement you have little other basis to procede otherwise. For the infliction of mental or emotional distress Maryland requires diagnosis that shows a causal link.