What is the basis for a claim of hostile work environment?

A claim of hostile work environment is fundamentally based on discrimination or harassment that creates an intimidating, hostile, or offensive work environment for an individual or group. This can include unwelcome conduct based on race, gender, religion, national origin, age, disability, or sexual orientation, among other protected categories. For a workplace to be considered "hostile," the behavior must be severe or pervasive enough to create a work atmosphere that a reasonable person would find intimidating, hostile, or abusive.

While negative performance reviews or inconsistent application of work policies may contribute to an unhealthy work culture, they do not inherently meet the legal threshold for a hostile work environment unless they are rooted in discriminatory practices. Similarly, an overbearing management style may reflect poor leadership but does not directly equate to legal claims of a hostile work environment unless it involves harassment or discrimination that aligns with the recognized legal criteria.