HOSTILE WORK ENVIRONMENT

BEHAVIORS THAT CREATE INTIMIDATION OR OFFENSE

Unlike direct blackmail, hostile work environment is more insidious and generalized.

It occurs when conduct of a sexual nature (physical, verbal or visual) has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive work atmosphere.

There need not be a threat of loss of employment; the harm lies in the contamination of the work environment, making it unbearable for the employee.

These behaviors include obscene jokes, demeaning nicknames, graphic discussions about sex life or malicious rumors.

Imagine if the painter Salvador Dalí worked in an accounting office and spent the day making surreal but sexually explicit comments about the anatomy of his female colleagues, or narrating his erotic dreams aloud during meetings.

Even if Dalí did not ask sexual favors of anyone, his constant behavior would create an offensive environment that would prevent others from working with dignity.

FREQUENCY AND SEVERITY AS DETERMINING FACTORS

For a behavior to be considered as generating a hostile environment, it generally must be a repetitive and pervasive pattern.

An isolated comment, however inappropriate, may not be legally sufficient unless it is extremely serious.

However, the accumulation of "small" offenses (microaggressions) can transform the workplace into a psychological minefield.

The law evaluates whether a reasonable person in the victim's position would consider the environment toxic.

If Giacomo Casanova, a customer service employee, makes a joke in poor taste only once and immediately apologizes after being reprimanded, it probably does not constitute a legal hostile environment.

But if Casanova persists daily in asking out a colleague who has already said no, following her in the hallways and constantly texting her, the persistence turns the behavior into harassment, transforming the office into a place of anxiety for the victim.

THE IMPACT ON EMPLOYEE HEALTH AND PERFORMANCE

The hostile environment directly affects the employee's ability to perform his or her duties.

Energy that should be devoted to work is consumed in defense mechanisms, harasser avoidance and stress management.

This results in low productivity, frequent errors, and deterioration of mental and physical health.

It is not necessary for the victim to suffer a total nervous breakdown for harassment to be recognized; mere interference with their work is sufficient.

If Marie Antoinette, a project manager, were forced to change her bathroom routes, eat lunch at odd hours or miss meetings just to avoid running into a group of colleagues who make lewd comments about her attire, her performance would inevitably suffer.

Harassment deprives her of the optimal working conditions that the company should ensure.

SUMMARY

Hostile environment is shaped by conduct of a sexual nature that, without demanding favors, unreasonably interferes with work performance or creates an intimidating, offensive, and demeaning work atmosphere.

It generally requires a repetitive pattern of offenses or microaggressions that transform the office into a toxic place, although a single extremely serious incident may be sufficient to constitute legal harassment.

This environment severely damages the physical and mental health of the victim, reducing their productivity by forcing them to invest their energy in defense and avoidance mechanisms against the aggressor.