Non Sexual Hostile Working Environment
Q: We have a situation with a co-worker, who's non sexual verbal abusive
behavior is causing our workplace environment to become intolerable, fearful
and non productive--especially for the women in the office. Does such a law
exist to protect us?
A: Yes. The standard federal anti-harassment law (Title VII) prohibits any harassment that is causing an obstacle at work for one gender/sex rather than another. In other words, simple hostility (without sexual content) violates Title VII if the hostility is directed to members of one sex but not the other. This was the point of the Supreme Court's opinion in the Oncale case (the male oil worker who was harassed by his male coworkers). They said that Title VII prohibits discrimination and is not simply a rule requiring good (i.e. non sexual) conduct. So, if only (or predominately) women are harassed, the bad guy is a "sexual harasser." Additionally, there are other non-work related laws that protect you. For example, there is the federal Violence Against Women Act that prohibits hostility directed to one gender. And, state laws may cover the situation as well (it would in California).