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Can jokes about personal characteristics like a limp or health problem create a hostile work environment. Doesn’t a hostile environment just apply to sex discrimination against women?

The law has been extended to apply beyond issues of gender. So under the federal discrimination regulations, the concept of a “hostile work environment” is no longer limited exclusively to gender.

Another case involving a disabled employee demonstrates the importance of stepping in swiftly to stop remarks about a worker’s disability.

In this case, the Regional Manager of a fast food franchise was continuously subjected to remarks about her hearing disability, remarks like “CAN YOU HEAR ME NOW?” and “got your ears on?” The offenders, unfortunately, were a Human Resources staff member and the owner of the franchise. The Regional Manager took action and filed a complaint with the EEOC. The EEOC went to bat for the Regional Manager and a judge awarded the employee $166,500, finding that a hostile work environment had been created.

Beyond gender, findings of “hostile work environments” have been applied in cases involving employees, race, creed, nationality, culture, accent, ethnicity, and dress. They have included jokes about a worker’s disability.

The traditional definition of a “hostile work environment” is a form of sexual harassment. In it, a worker faces abusive remarks or conduct because of gender. Neither physical contact nor sexual abuse need be involved.

If a reasonable member of the group affected would believe the working environment had become hostile or abusive, then the criteria are met.

Disabled employees are protected also by the Americans with Disabilities Act of 1990 – the ADA – as well. The

ADA requires that employers not refuse to hire workers because of disabilities. The employer may determine that the disability would actually prevent an employee from doing the job in a safe, efficient manner, but must first at least consider accommodations to the job description or workplace to allow the worker to perform the job. The law requires reasonable accommodation, regardless of whether such accommodations results in extra cost or inconvenience for the employer.