When you go to work, you want to feel safe to complete your job. Unfortunately, not everyone feels safe when they leave for work because they work in a hostile work environment. Workplace harassment can take many forms. If you are experiencing a hostile environment, our Ventura workplace harassment lawyer may be able to help. The team at Levin & Nalbandyan Trial Lawyers can assist you in understanding your rights and navigating the legal process.
What is Workplace Harassment?
Workplace harassment is a form of employment discrimination. Harassment is unwelcome conduct based on race, color, religion, sex, national origin, age, disability, or genetic information.
Harassment is unlawful when enduring it becomes a condition of continued employment or the conduct is so severe that it creates a work environment that a reasonable person would consider intimidating, hostile, or abusive. An experienced Ventura lawyer could help determine whether a work environment meets the elements of harassment.
California Fair Employment and Housing Act
The California Fair Employment and Housing Act (FEHA) was enacted to protect the rights of all persons to seek and hold employment without worrying about discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making, or military and veteran status.
This also includes protecting employees from workplace harassment. One of the purposes of FEHA is to provide all California employees an equal opportunity to succeed in the workplace and not be in fear of harassment while working. When harassment occurs, employees are unable to work effectively, and their jobs are more difficult to complete. Our skilled attorney in Ventura could help a person apply FEHA to a workplace harassment case.
Types of Workplace Harassment
Workplace harassment can take on many forms. It can include sexual harassment, verbal harassment, retaliation, discriminatory harassment, or physical harassment, to name a few. A single incident of harassment at work is sufficient to create a case. A person and their attorney must prove that the single incident interfered with their work or created an intimidating, hostile, or offensive work environment.
When determining if a hostile work environment exists, the court will look at the totality of the circumstances. A discriminatory remark, even if not made directly in the context of an employment decision or if made by a non-decision maker, may be relevant, circumstantial evidence of discrimination and harassment.
In determining whether a hostile environment existed, the court is directed to only consider the nature of the workplace when engaging in or witnessing prurient conduct, and commentary is integral to the performance of the job duties. The legal standard does not vary based on the type of workplace. It is irrelevant that a particular occupation may have been previously characterized by a greater frequency of sexually related commentary or conduct. A Ventura lawyer can help a person understand all of the types of workplace harassment and what a court may consider to be harassment.
Contact a Ventura Workplace Harassment Attorney to Discuss a Case
Workplace harassment is a serious offense. You should not feel as if you have to continue to be harassed to keep your job. An experienced Ventura workplace harassment lawyer could guide you through the legal process. Levin & Nalbandyan Trial Lawyers could help you determine if you are working in a hostile work environment and, if so, what can be done to stop the harassment. Contact us today to begin your case.
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