Is a “Hostile Work Environment” Illegal in California?

Understanding Your Rights While at Work

If you are an employee, you are entitled to certain protections. You should not have to work in an environment where you are harassed or discriminated against. In fact, it is against the law for the harassment to be so pervasive that it creates a “hostile work environment.” If you are being harassed at work, you need to speak to an attorney.

At Levin & Nalbandyan, we represent individuals who have been harassed while at work in Los Angeles and the surrounding areas. Our lawyers can help you understand your rights and help determine whether the harassment created a “hostile work environment” in violation of California law. If you have been continually harassed while working, contact our office at (213) 232-4848 to schedule a free consultation. 

What Is a Hostile Work Environment?

A hostile work environment is when inappropriate conduct, such as harassment, is so severe or pervasive that it creates an abusive workplace. It is illegal under the Fair Employment and Housing Act (FEHA). Harassment, under this law, is not limited to sexual harassment. It can be any form of harassment, misconduct, behavior, or abuse that is inappropriate.

Common forms of harassment that may create a hostile work environment:

• Sexual harassment, including unwanted sexual advances
• Bullying, ridiculing, or name-calling
• Demeaning jokes, comments, or gestures
• Religious harassment
• Disability harassment
• Harassment based on race or ethnicity
• Lewd conduct 
• Discrimination

If a coworker, supervisor, or another person has made your work environment uncomfortable due to repeated misbehavior, you might be able to take legal action. It is important to consult with an attorney as soon as possible to determine your options.

Is a Hostile Work Environment Against the Law?

The creation of a hostile work environment is illegal under California law. Individuals who are being routinely abused, mistreated, or harassed at work, may be entitled to compensation.

What Makes a Hostile Work Environment Illegal? 

An unlawful hostile work environment is harassment that creates an abusive or intimidating work environment. Under the Fair Employment and Housing Act, unwelcome conduct, which is discriminatory and sufficiently severe and pervasive to alter the victim’s conditions of employment to the point that it harms their ability to perform their job, is considered to be a form of discrimination. 

The legislation applies to all organizations with five or more employees, and also covers interns, contractors, volunteers, and applicants. Proving your case requires demonstrating that the necessary elements exist, including the following: 

Discrimination Based on a Protected Characteristic 

Harassment because of protected status under the legislation, including the individual’s race, color, sex, sexual orientation, pregnancy, or religion. More examples include national origin, marital status, and physical or mental disability. Repeated harassment or derogatory comments based on a characteristic or unwelcome sexual advances are unlawful. 

Severity or Pervasiveness

The case must show that the conduct was severe or pervasive, such as a single extreme event, like assault or death threats, or there was a pattern of less severe actions, such as ongoing slurs or offensive jokes that were persuasive enough to poison the work environment. The court reviews and considers the totality of the circumstances, including the frequency and nature of the offenses and their context. In most cases, an isolated minor incident is not enough unless it escalates or is in combination with other factors. 

Impact on Employment 

The workplace atmosphere must be hostile, offensive, oppressive, intimidating, or abusive, from both objective and subjective perspectives. That means that any reasonable person in the plaintiff’s position would feel similarly, and according to the victim’s standpoint. 

The actions alter the terms, privileges, and conditions of employment and create psychological harm. The case must also prove that damages occurred, such as emotional distress, lost pay, and medical costs, and that the harassment was a significant cause. 

What Can Employers Do to Prevent It?

State legislation requires employers to have an affirmative duty to take reasonable steps to prevent harassment, discrimination, or retaliation that could create a hostile workplace. Examples of steps you can take include proactive measures to foster a healthy, respectful environment.

Neglecting to work to prevent a toxic environment, take action, or comply with the guidelines can lead to liability, even if the victim of the behavior decides not to file a formal complaint with a state agency. Examples include developing clear policies and distributing them to all employees, such as a comprehensive written anti-harassment policy that prohibits unlawful actions and harassment based on protected characteristics.

Once your policies and rules for employees are complete, ensure you distribute the company policies to new staff upon hiring, provide ongoing training, and reinforce awareness. Another essential component is an effective reporting mechanism, confidential channels, and ensuring all employees understand the policies. When there are reports, promptly conduct a thorough, impartial investigation to resolve the issue fairly and quickly. Implement prompt remedial and corrective actions and ensure consistency by reviewing past similar cases. 

Positive Workplace Culture 

Fostering a positive workplace culture is essential, and it begins with leadership. Company executives must model respectful behavior, participate in training, and demonstrate inclusion. Promote diversity through team-building initiatives, such as resource groups, and involve everyone. 

When companies implement these steps, they ensure compliance, reduce legal risks, and improve morale and employee retention. Reasonable steps depend on the size of the business, resources, and the industry. Smaller employers often enjoy more flexibility. Our skilled employment attorneys, seasoned in cases involving both the employee and the employer, provide guidance, advice, policy, legal action, and answer questions about regulations and guidelines.

What Should I Do If I Am Being Harassed at Work?

If you are being harassed while at work in Los Angeles or the surrounding areas, you need to speak to an attorney. An attorney can help you understand your rights and determine the best course of action. In some cases, you might be able to file a lawsuit against your employer for their wrongdoing.

When Should I Hire an Attorney?

It is always in your best interest to consult with an attorney as early in the process as possible. An attorney can help determine when and if you should report the misconduct and how to proceed with a legal claim. 

Harassed at Work? Contact Our Office.

Have you been harassed at work? Do you feel that the harassment has created a hostile work environment? You might have a valid legal claim, but you need to act fast to protect your rights. Contact our office at (213) 232-4848 to schedule a free, no-obligation consultation. 

Our lawyers will fight to ensure that you receive the outcome you deserve. Call now to speak directly with an experienced member of our legal team. There are no fees unless we win!