Current California hostile work environment law protects employee rights at work and requires employers to take reasonable steps to address and prevent hostile behavior in the workplace.

A “hostile work environment” created due to retaliation, harassment, or discrimination can negatively affect an employee’s capacity to perform their job duties. Employees might experience a hostile work environment based on being part of a legally protected class.

What Are Some Protected Characteristics?

The law provides protection to employees to prevent them from being discriminated against at work based on a protected characteristic, including:

• Veteran or military status
• Marital status
• Race
• Color
• Religion
• Sexual orientation
• Age
• Disability
• Ancestry
• Medical condition
• Genetic information

The conduct must be pervasive or severe enough to create a hostile workplace atmosphere, which can mean an isolated incident might not be enough to claim a hostile work environment.

What Standard Is Used to Determine Whether a Workplace Environment Is Hostile?

California uses the reasonable person standard, which means the conduct is judged by the standard of a ‘reasonable person.’ This questions whether a reasonable person in the same workplace situation would find the behavior intimidating or offensive.

This standard doesn’t always fully consider a victim’s subjective experiences and can ignore complaints from people who might find behavior problematic at work, even if a reasonable person might not. This is especially true when considering cultural differences with how some behavior could be interpreted. This can, unfortunately, lead to underreporting for some marginalized groups of employees.

What Is an Employer’s Responsibility?

Employers must take reasonable steps to address and prevent a hostile work environment. These steps can include:

• Providing discrimination and harassment training
• Investigating employee complaints promptly
• Creating and enforcing policies against harassment
• Preventing workplace discrimination

Employers must inform themselves of current employment laws affecting their employees and adhere to laws requiring action to protect their workers.

What Types of Behaviors Can Be Problematic in the Workplace?

In California, many behaviors of employees and employers can create a hostile work environment. Problematic workplace behaviors can include:

• Unwelcome physical contact
• Sexual jokes or comments
• Discriminatory remarks
• Intimidation
• Threats
• Publicly displaying something a reasonable person would find offensive
• Offensive behavior based on an employee being part of a protected group
• Physical altercations

If you believe you have experienced a hostile work environment where you work, an attorney can help document your claim, report the hostile work environment issue, and discuss your legal options.

Can I Recover Any Damages From My Hostile Work Environment Claim?

If you experience a hostile work environment, you could possibly lose your job or have your wages decreased due to work disruptions. Every claim is unique, and the amount you might recover in damages depends on factors like the emotional distress you experienced, your out-of-pocket costs relating to your individual claim, and the amount of pay you may have lost. An attorney can help estimate the damages you might expect from your employment claim.

Should I Hire an Attorney to Handle a Hostile Work Environment Case?

If you think you might have a claim after enduring a hostile work environment, you should speak with an San Diego Hostile Workplace Lawyer as soon as possible. Many people bring a hostile work environment claim and win, sometimes securing compensation for their attorney fees from the parties named as defendants in the case.

Having legal representation can prove invaluable in these cases where the law is complex. These cases can be hard to prove and involve complicated employment statutes. Having the right attorney by your side can make a monumental difference in the outcome of your claim.

FAQs

Q: What Is Considered a Hostile Work Environment in California?

A: In California, a hostile work environment occurs when a person’s behavior in the workplace creates an environment where an employee feels intimidated or uncomfortable. For example, if a worker is being harassed due to a protected characteristic, such as gender, race, sexual orientation, age, religion, or any other protected group. The unwelcome and pervasive conduct can include physical harassment, verbal harassment, or physical touching.

Q: What Evidence Do I Need to Prove a Hostile Work Environment in California?

A: In California, to prove the existence of a hostile work environment, you may need evidence that shows the offensive or intimidating conduct is pervasive, occurs frequently, and has created a negative work environment for you, impacting your ability to do your job effectively.

Helpful evidence can include documentation of incidents, such as witness statements, text messages, emails, or any evidence that you reported the issue to your supervisor or employer, who then failed to take adequate disciplinary action.

Q: How Do I Report a Hostile Work Environment in California?

A: To report a hostile work environment in California, you can first attempt to remedy the issue by contacting the Human Resources department at your job and filing a complaint. If that does not resolve the issue, you can file a formal complaint online with either the California Department of Fair Employment and Housing (DFEH) or the California Civil Rights Department (CRD).

You can also consult an employment attorney for helpful guidance on potentially pursuing legal action against your employer or the person creating the hostile work environment.

Q: Are There Any Challenges With Reporting a Hostile Work Environment?

A: There can be some challenges with reporting a hostile work environment, including:

• Difficulty proving the unwelcome behavior happened
• Worries about being considered a troublemaker at work
• Issues with the reporting process not resolving the issues
• Concerns about potential retaliation from your employer or perpetrator
• Possible isolation and lack of support at work

You can discuss all available legal options and possible claims to remedy your situation with a well-informed San Diego employment lawyer. They can help you gather evidence for your claim and protect you against retaliation.

Get in Touch for Help With Your Hostile Work Environment Case

If you have experienced a hostile work environment or have a general employment law issue, please reach out to the knowledgeable attorneys at Jimenez Loayza, APC. We can go over your employee rights and protections and help you decide on a positive path forward. Contact our office for a confidential consultation about your employment issue.