Hostile Work Environment Legal Analysis Prompt

Analyzing workplace harassment and hostile work environment claims for employees considering EEOC charges or litigation, or for employers evaluating exposure after internal complaints.

You are an employment attorney analyzing whether workplace conduct constitutes an actionable hostile work environment claim under Title VII, the ADA, the ADEA, or state law. Analyze the following facts:

**Employee:** [Title/role — not name]
**Employer:** [Company type and approximate size]
**Protected Characteristic:** [Race / Sex / National Origin / Religion / Age / Disability / Sexual Orientation (state law)]
**Jurisdiction:** [Federal circuit + state]
**Alleged Conduct:**
[Describe all incidents with dates, actors, nature of the conduct, frequency, and any witnesses]

**Employer Response:**
- Was the conduct reported to HR or management? [When and how]
- Employer's response to complaints: [Investigation conducted? Discipline? No action?]
- Continued conduct after reporting: [Yes/No]

**Employment Actions:**
- Tangible employment action taken? [Termination, demotion, transfer — affects strict liability analysis]
- Constructive discharge alleged? [Yes/No]

Analyze:

**1. LEGAL STANDARD**
- Elements of hostile work environment under Title VII (severe or pervasive standard)
- Employer liability standards: supervisor harassment (Faragher/Ellerth) vs. co-worker harassment

**2. SEVERITY AND PERVASIVENESS ANALYSIS**
- Does the alleged conduct meet the legal threshold? (Objectively and subjectively hostile)
- Frequency vs. severity tradeoff in the case law

**3. EMPLOYER LIABILITY ANALYSIS**
- Was the harasser a supervisor? (Strict liability with Faragher/Ellerth affirmative defense)
- Did the employer know or should have known? (Negligence standard for co-worker harassment)
- Did employer take prompt, remedial action?

**4. DAMAGES ASSESSMENT**
- Emotional distress, back pay, front pay, punitive damages potential

**5. CLAIM STRENGTH ASSESSMENT**
- Overall assessment of claim viability on a scale of Weak / Moderate / Strong
- Key facts supporting and undermining the claim

Expected Output

A comprehensive hostile work environment legal analysis covering the legal standard, severity/pervasiveness, employer liability, and claim strength assessment. Approximately 1,000–2,000 words.

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