Intimidating hostile or offensive
Conduct that is so objectively offensive that it alters the conditions of the victim’s employment or educational environment is illegal.Inappropriate behavior, such as remarks and actions based on stereotypes, can escalate if unchecked by management. When supervisors remain silent about inappropriate behavior, it effectively sanctions the behavior.Harassment is defined under UCF’s Regulation 3.001 as subjecting an individual “to verbal or physical conduct, based on a protected category …, which due to the severity and pervasiveness of the conduct, (i) has the purpose or effect of creating an objectively intimidating, hostile or offensive work, educational or business environment; and (ii) has the purpose or effect of unreasonably interfering with an individual’s employment, schooling, or business with the University.” This also is referred to as a hostile work environment claim and is prohibited by UCF.When considering whether conduct constitutes harassment, it is important to keep in mind that there is a difference between a hostile work environment under the law and a work environment that feels hostile.Hostile environment is defined as sexual conduct that interferes with an individual's work or academic performance or creates an intimidating, hostile, or offensive environment.
However, as you can see above not only must the environment be intimidating, hostile, and/or offensive, the hostility you are enduring .
Equally important, the verbal or physical conduct at issue must be based on a protected category such as race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, and gender expression.
Its severity or pervasiveness must also be of such a nature that a reasonable person would find it intimidating, hostile or offensive.
Understanding Hostile Work Environments Gathering Evidence Reporting to Administrative Agencies Suing for Harassment Community Q&A Harassment comes in many forms and involves more than touching or making “quid pro quo” offers where continued employment is offered in exchange for sexual favors.
Under federal law, harassment includes the creation of a hostile work environment.