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Sexual Harassment Isn't Always the Issue

Appellate Courts and Other Factors That Contribute to a Hostile Work Environment

Mississippi State University

Doug Goodman

Mississippi State University, dg114{at}msstate.edu

Discrimination has long been established by the United States Supreme Court to be unconstitutional and illegal. Although the term hostile work environment is not specifically mentioned in the Civil Rights Act of 1964 (CRA), it has been most synonymous with claims of sexual harassment. Have the courts expanded the hostile work environment legal theory to include other protected classes in the CRA? This article analyzes and discusses recent appellate court cases with a claim of hostile work environment with the basis of some action other than sexual harassment. We explain why the courts, in the majority of cases, did not rule in favor of those who claimed hostile work environment, and then we summarize factors the courts used to determine their rulings. In addition, we provide suggestions to both employees and employers.

Key Words: hostile work environment • equal employment opportunity • discrimination • harassment • Civil Rights Act

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