Irvine Hostile Work Environment Lawyer

Everyone deserves the opportunity to do their job free of harassment, bullying, or conduct meant to demean or belittle. If the management, fellow staff, or customers at your workplace behave this way, you may have a legal claim against your employer.

Contact an Irvine hostile work environment lawyer at our firm. Our employment discrimination attorneys will review your situation and guide you through the legal steps.

Determining Whether a Workplace is Hostile

A working environment can be high-pressure or unpleasant without being hostile. A legal claim for a hostile work environment requires that someone faces severe mistreatment due to their race, gender, religion, or another personal characteristic protected by law. The list of protected characteristics appears in California Government Code §12940.

The mistreatment must be targeted and relentless—an occasional inappropriate remark or aggressive action is not enough to create a hostile work environment. The conduct must create a situation where the targeted employee feels so fearful or intimidated that it interferes with their ability to perform their job.

A hostile work environment is often associated with sexual harassment and gender discrimination. However, any bullying or offensive behavior that is triggered by the target’s protected characteristic can form the basis of a claim. Our Irvine attorneys have substantial experience resolving hostile work environment claims, and they can guide a targeted employee throughout the ordeal.

Initial Responses to Harassment

A worker who is being bullied or harassed should document every incident, including the date, time, place, and the names of the perpetrators. They should share this information with their immediate supervisor. If the supervisor is participating in the harassment or if they fail to fix the problem, an employee should bring their concerns to the human resources department or upper management.

The employer must take reasonable steps to solve the problem. Reasonable steps could include:

• Reassigning the employee to another position with equal or better pay and similar responsibilities
• Taking disciplinary action against the abusers
• Implementing anti-harassment training programs
• Taking other steps that are responsive to the circumstances

A range of responses may be appropriate in a specific situation; the key is that the response must be prompt, unequivocal, and effective to protect the affected employee.

When the employer’s response does not alleviate the hostile work environment, an employee should consult our Irvine employment discrimination attorneys. Filing a complaint with the California Civil Rights Department (CRD) is often helpful at this point. The CRD will investigate the complaint, try to negotiate a solution, and can issue a letter to the harassed employee giving them the right to sue.

Bringing Legal Action Against the Employer

When an employee is being subjected to a hostile work environment, the employer may be legally liable. When the employee’s supervisor is a participant in the harassment or offensive conduct, the employer is strictly liable for the supervisor’s actions. When the person or people creating the hostile work environment are colleagues, customers, or others, a harassed employee must prove that the employer’s failure to correct the situation is negligent.

An employer is negligent if it fails to take reasonable steps to protect a worker who is being subjected to harassment or abuse. A delay in taking corrective measures when notified of an employee’s complaint of a hostile work environment is evidence of negligence. An employer is negligent if its response could be seen as retaliatory against the complaining employee.

The success of these cases is highly dependent on the specific facts of the case. When a hostile work environment case is successful, our Irvine attorneys could obtain financial compensation, including back pay, compensation for emotional distress, and even punitive damages in some cases.

Protect Yourself From a Toxic Workplace with Our Irvine Attorneys

Everyone has the right to feel safe and respected at work. If you do not, and you have brought your concerns to your employer without a satisfactory result, contact the Irvine hostile work environment lawyers at our firm.

We are experienced trial lawyers with a track record of success combating employment discrimination. Reach out to us today to learn how we can help you respond to a toxic work environment.