How hostile is hostile? Be forewarned, allow harassment and discrimination and it can cost you time and money: examples of conduct which have been the basis of lawsuits over the years are unwanted verbal or physical contact, sexually oriented jokes, posters, graffiti, screen-savers, e-mail, and cartoons and incessant ogling.

• Author: Franklin, Cindy

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The number of employees filing complaints of a hostile work environment has grown tremendously in the last 10 years. In October 2007, a jury awarded $11.6 million in punitive damages against Madison Square Garden for the harassment of a female executive by the coach of the New York Knicks. Six million of the award was for MSG's tolerance of a hostile work environment. Whatever else it is, a hostile work environment is expensive.

GENERAL HOSTILITY ISN'T ENOUGH

The term "hostile work environment" grew out of the body of law relating to sexual harassment and gender discrimination. Courts' determinations of hostile working conditions in deciding the existence of harassment have expanded to include other protected classes of employees. Hostile work environment inquiries can now include harassment related to race, national origin, religious beliefs, sexual orientation and retaliation. However, the most common litigation related to hostile work environment claims remains the claim of sexual harassment.

Many employees contact lawyers complaining of hostile work environments. Often the complaints cite behavior such as yelling, belittling or mocking of the employee by coworkers or supervisors. As a general rule, unless the rude or mean conduct is connected to sexual harassment or harassment based on another discriminatory class, the complaint is not legally actionable. Employees do not yet have a cause of action against their employers for their workplace being generally unpleasant.

THE SEXUALLY HOSTILE ENVIRONMENT

The law recognizes two types of sexual harassment, quid pro quo harassment and hostile work environment harassment. "Quid pro quo" means "this for that" and this type of harassment is very direct and easily definable. It occurs when a supervisor threatens to fire or otherwise retaliate against an employee if the employee doesn't have sex with the supervisor. If an employee is solicited or threatened by a coworker, it will not be quid pro quo harassment unless the co-worker has authority to fire, demote or otherwise exercise authority over the harassed employee.

The other type of harassment, the presence of a hostile work environment, is more difficult to define than quid pro quo harassment. The standard set by the courts is whether the speech or conduct being complained of is "severe or pervasive" enough to create a hostile or abusive work environment. Examples of conduct that have been the basis of lawsuits over the...