What Makes a Hostile Work Environment?

 Posted on June 10, 2025 in Discrimination & Retaliation

Most people expect work to come with occasional stress or disagreements. But when the workplace becomes so toxic that it interferes with your ability to do your job, you might be dealing with a hostile work environment that can rise (or stoop) to the level of discrimination – at which point it can have legal implications.

A hostile work environment occurs when you are subjected to unwelcome conduct based on a legally protected characteristic, such as race, sex, age, religion or disability. If this sounds familiar, you may have grounds to take legal action. An experienced Montgomery County, MD employment law attorney can advise you on your rights to pursue legal action for discrimination. 

What Is a Hostile Work Environment? 

In Maryland, federal law and the Maryland Fair Employment Practices Act (MFEPA) protect employees against discrimination and harassment in the workplace based on protected characteristics. This protection applies to employers with fifteen or more employees and prohibits discrimination in hiring, firing, compensation, promotions, and other aspects of employment. 

A hostile work environment exists when unwelcome conduct based on a protected characteristic becomes so severe or pervasive that it creates an intimidating, hostile, or offensive working environment. The key phrase here is "based on a protected characteristic," which includes race, color, religion, sex, national origin, age and disability. General workplace rudeness, favoritism, or even bullying do not automatically create a legally hostile environment unless it is connected to discrimination against a protected class. Courts also look at the frequency and severity of the conduct, its impact on work performance, and its pervasiveness when determining if workplace conduct crosses the legal threshold into discrimination.

What Legal Options Do You Have If You Face a Hostile Work Environment?

If you are experiencing a legally actionable hostile work environment in Maryland, you may file a claim for discrimination with the federal Equal Employment Opportunity Commission (EEOC), but you must first report the discriminatory conduct to your employer. You may also be able to file a lawsuit for employment discrimination which may entitle you to remedies including reinstatement, back pay, pay for future lost wages, attorney fees, and other compensatory damages.

Call a Montgomery County, MD Employment Attorney

If you are facing a hostile work environment and your employer is not taking steps to stop it, you have legal options. An experienced Silver Spring, MD employment lawyer can help you take the next steps toward protecting your rights and your career. At Freedman Law, LLC, Attorney Lindsay Freedman represents clients who face workplace discrimination and a hostile work environment in state and federal court. Call the law firm for a consultation at 410-290-6232.