Freedom of Speech
Freedom of speech is the Constitutional right to communicate one’s opinions and ideas, using one’s body and property to anyone who is willing to receive them.
The term “hostile work environment” gets used frequently but it is rarely defined. Not every hostile action at work is prohibited by the law. True hostile action claims must be based on discrimination – that is, being targeted based upon a protected class. Gender, race and religion are a few of the protected classes. For additional examples of protected classes, see “Types of Discrimination.” To see if you have a hostile work environment, consider these questions:
If the actions are significant, and make it more difficult to work, they might support a hostile work claim.
If you are receiving harsh treatment at work, determine whether it is because of your gender, race or another protected class. If your boss calls you dumb but then they call everyone dumb, this may not be actionable hostile work environment.
Proving discrimination can be difficult. If this treatment is happening to everyone who falls into a certain protected class such as race, it can be easier to prove.
While this article is not a substitute for legal advice, if you feel that you are the victim of discrimination at work, it is best to seek out a qualified employment attorney to review your case.
If you are a business owners and want to protect your company from potential hostile work environment claims, schedule your consultation today.
Sam Ventola has been an employment lawyer for over 30 years. When not helping business owners, he spends time with his family, especially his grandson Jack.
Ventola Law serves the Denver Metro area including Arvada, Aurora, Boulder, Brighton, Commerce City, Castle Rock, Golden, Lakewood, Littleton and Arapahoe, Adams, Douglas and Jefferson Counties.