The Genesis Group

Defining a Hostile Work Environment

• Compliance/Legal Matters, Employee Relations, Ethics
• 2 Comments
• October 11th

With the myriad of legislation being generated on several different levels to protect workers, an anti-harassment policy is an essential part of any employee handbook.  Further, employers are in constant fear of legal action from disgruntled ex-employees.  It seems that proactive employers attempting to protect themselves in such instances are putting policies in writing. However, the presence of policies towards hostile work environments do little to define what contributes to a toxic culture, choosing instead to focus on consequences.  Policies focus prominently on workplace violence, theft, harassment, and intimidation in their most obvious and defined forms.

Employees, however, are a sharp bunch.  They know what the rules are, and are willing to play by them as they are defined in writing.  Kings and queens of loopholes, the courts are filled with instances in which a written policy has been twisted so far beyond the spirit of the rule, it is simply no longer recognizable. Using the adage of where there’s smoke there’s fire, here are a few common signs of smoke.  If some of these things are happening with some regularity in your operation, you may be harboring what could be described as a hostile work environment.

Internet abuse- If your workplace requires computers and Internet as a source to complete work, chances are your workers are using the Internet for purposes other than work.  Video, music, and articles that portray violence (for example) can serve as a negative undercurrent in any work environment.  Further, they can be attached to an e-mail to share with co-workers for the purposes of intimidation or retaliation.

E-mails- Similar to the use of videos off the Internet, e-mails can be used to convey threats or negative messages.  Instead of providing a video with a hidden meaning or threat, an e-mail can remove any doubt with a direct message to the intended target.  Another “bonus” is the ability to send inappropriate photos, jokes, or comments to co-workers, and sometimes beyond the office.

Gossip- While very difficult to oversee, gossip and the grapevine are present everywhere.  However, gossip usually comes in very blatant packages- several employees huddled together, speaking in hushed tones and stifling laughter who quickly disperse when a manager or supervisor approaches.  If a manager is among the group, the problem is much worse than originally thought.

Aggressive/threatening talk and behavior- Employees are often repeating lines and scenes from movies and songs; many have negative or aggressive messages.  While this may seem a bit trifling, remember the last time you heard someone describing and acting out the MMA event they just saw? That could be mistaken for a hostile work environment as well.

Passive-Aggressive behavior- While this may be the most difficult to identify, it is probably the most prominent.  One example would be practical jokes that are crude or offensive in nature, always with an anonymous perpetrator.  Other instances have much more malicious intent- theft, misuse, or intentional damage to tools or personal belongings, random bad language or aggression when there is no one of authority present, or inappropriate conversations between two or more people with little discretion used towards the content of the conversation.

While these are the most prominent examples, chances are there are other indicators present.  The first line of defense (and one becoming more prominent) is a policy towards Internet, social media, and office e-mail use.  A heightened awareness towards these types of behaviors in your workplace can go far towards eliminating or diminishing their presence.  As always, consistent application of written policies is the key.  Managers that choose to ignore these instances because it is inconvenient to address them could be guilty of providing a double standard or placing the health of the operation at risk.