If your boss yells at you and even throws a notebook in your direction, does that qualify as a hostile work environment? Not necessarily. According to the U.S. Court of Appeals for the D.C. Circuit, in Brooks v. Grundmann, that type of behavior was considered an “isolated expression of frustration,” not unlawful harassment under Title VII of the Civil Rights Act of 1964.

Case 1: Brooks v. Grundmann

Patricia Brooks claimed her supervisor created a hostile work environment between 2005 and 2008 by:

• Yelling at her and insulting her in front of colleagues
• Throwing a notebook in her direction during a project disagreement

The court dismissed the case because the conduct was not “severe or pervasive” enough to meet the legal threshold. While poor management was clear, the court noted the supervisor also raised legitimate performance issues in an appropriate way.

Case 2: Fichter v. AMG Resources

Another case, Fichter v. AMG Resources Corporation, reached a similar outcome. The plaintiff, Shirley Fichter, alleged gender discrimination and termination due to a hostile work environment. Her claims included that her manager asked her to:

• Work closer to home
• Delegate tasks to colleagues
• Complete work more quickly
• Follow attendance and vacation reporting procedures

The court ruled these were normal management expectations, not unlawful harassment.

What Counts as a Hostile Work Environment?

To rise to the level of unlawful harassment, workplace conduct must:

• Be tied to a protected characteristic (race, sex, religion, age, disability, etc.).
• Be severe or pervasive enough to create abusive, intimidating, or hostile conditions.
• Meet both the subjective test (the employee feels harassed) and the objective test (a reasonable person would feel the same).

Key point: Annoyances, poor communication, or isolated outbursts rarely meet this standard.

What HR Should Do

Even if behavior isn’t legally “hostile,” it can still harm the workplace. HR leaders should:

• Train managers in respectful communication and feedback.
• Encourage reporting of inappropriate conduct early, before it escalates.
• Document patterns of behavior, not just isolated events.
• Intervene proactively when poor management affects morale, even without a legal violation.

Not all bad management is unlawful harassment. But if ignored, it can erode trust, fuel turnover, and damage culture. All risks HR can’t afford to overlook.

ASE Connect

Learn exactly what constitutes harassment in the workplace in the upcoming Harassment Prevention course October 8th in Novi from 9:00 a.m. - 12:00 p.m. Learn more and register here.