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A Hostile Work Environment exists when unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating, or offensive work environment. This is true even if the harassment may not result in tangible or economic job consequences. For example, the person being harassed may not lose pay or a promotion. A hostile work environment can be created by managers, supervisors, coworkers, customers, or even clients.
Examples of a hostile work environment might include:
- Requests for sexual favors
- Offensive language
- Offensive and / or vulgar graffiti
- Sexual inquiries and vulgarities
- Physical or demeaning conduct of a sexual nature
- Sexually offensive, explicit or sexist signs, cartoons, calendars, literature or photographs displayed in open view
An employer should be aware of the existence of a hostile work environment when:
- There has been a complaint to a manager
- A manager failed to establish a policy against sexual harassment
- The harassment is well known among employees
Liability for employers in instances of a hostile work environment exists when:
- The employer knew, or should have known, about the harassment
- The employer failed to take appropriate corrective action
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