What Happens if My Employer Creates a Hostile Work Environment?

As a worker, you deserve to feel safe within your workplace. While we are well aware that there are some workplaces where hazards may exist, you should never feel as though your health or safety is at risk because of a coworker or employer.

Unfortunately, there are some situations in which someone within your company may create a hostile work environment, making it difficult for you to do your job. In these situations, you should know what to look for and understand what rights you have moving forward.

What Qualifies as a Hostile Environment?

A hostile work environment can occur in many ways, including the following:

• Harassment: When you have one person or a group of people harassing you (physically, verbally, etc.) it can make for a very complicated work situation.
• Bullying: Any kind of bullying can be seen as a hostile work environment, and it can be either physical or mental.
• Dangerous work conditions: If an employer does anything to create a hostile work environment for you by making your work conditions dangerous, it can not only be difficult to work, it can cause you harm.

What is the Federal Definition of a Hostile Work Environment?

The federal definition of a hostile work environment includes behaviors that contribute to an unlawful environment. This may include the use of microaggressions, verbal or nonverbal insults, comments, or other unwelcome behavior that can be intentionally or unintentionally offensive, demanding or degrading. Such behaviors can create an environment that is intimidating, hostile, or abusive and can negatively impact an individual’s ability to perform their job effectively. It is important for employers to address these issues promptly and take steps to prevent such behaviors from occurring in the workplace.

What Should I Do if My Work Environment is Hostile?

If you find yourself either suffering harm or otherwise mentally harassed in a hostile work environment, know that you have rights. You must make a record of whatever the situation is and speak with legal counsel to determine if your rights have been violated.

An employer cannot create a hostile work environment and put you at risk. When they do, you should know that you have rights to move forward.

Proving You Work in a Hostile Environment

If you believe you are experiencing a hostile work environment, it is important to gather evidence to support your claim, if you are able. Here are some ways to prove a hostile work environment:

• Keep detailed notes about each instance of harassment that occurs.
• Save copies of all communications between you and your employer or harasser.
• Gather employment records to demonstrate how the harassment has affected your work performance or career advancement.
• Ask witnesses who have seen or experienced the harassment to provide testimony.
• Obtain copies of any internal complaints or investigations related to harassment within the company.

Your attorney can help you understand your legal options and move forward with a strategy to bring your case against your employer.

What Behaviors and Actions Are Considered Criteria for a Hostile Work Environment?

A hostile work environment occurs when unwelcome conduct based on characteristics protected by the Fair Employment and Housing Act. The actions must be so severe or pervasive that they alter the environment and conditions at your place of employment, creating an intimidating, offensive, or hostile workplace. It goes beyond rude or complex behavior or a minor, isolated incident. It must interfere with your ability to perform your job and meet both of the essential objectives. 

The first is actions that any reasonable person would consider hostile, and subjective, meaning you, the victim, find it aggressive and abusive. Employers must prevent and address hostile environments by implementing anti-harassment policies and providing regular and ongoing training. That includes mandatory sessions for supervisors. 

It also requires conducting prompt investigations after reviewing reports. Employers operating in the state of California must prevent and address hostile environments through anti-harassment policies, regular and mandatory training sessions, including for executives and supervisors, and prompt and thorough investigations. When they fail to meet the requirements of the statutes, they may be financially liable for damages, including attorney fees and injunctive fees. 

If you are experiencing harassment or discrimination in a hostile work environment, document the incidents and report the problem to the human resources department. You may also report the issues to the California Rights Department, so they can evaluate the report and allegations and decide whether to accept the case for investigation. The process could lead to attempts at resolution, such as conciliation, an independent investigation, or filing a lawsuit. 

Criteria for a Hostile Environment 

Those aiming to establish a hostile work environment claim must demonstrate that the required elements are present. The behavior must be offensive and unwanted by you, and you must have indicated verbally or through actions that the behavior is unwelcome. It must also be in connection with and motivated by or a target of a characteristic falling under a protected class. 

Those include race, color, ancestry, national origin, physical or mental disabilities, medical conditions, or genetic information. That also includes sexual orientation, sex, including gender, expression or identity, pregnancy or childbirth, or breastfeeding. The legislation also protects individuals from harassment or discrimination based on marital status, age for those over 40, religion, and military or veteran status.

Components for Action Under the Legislation 

The conduct must be either severe, during a single extreme incident, such as assault or threats, that fundamentally alters the environment at your workplace, or pervasive. That means it was a pattern or ongoing actions that cumulatively created an unsafe and abusive atmosphere. The treatment must make the work environment intimidating or offensive, hinder your performance, or create a climate that no reasonable person could tolerate. 

If your employer knows of the conduct and fails to act, they are legally liable, including vicarious liability for supervisors. Behaviors considered as harassing include verbal abuse, offensive jokes, slurs, or derogatory comments, and threats related to a protected characteristic. 

It also includes unwanted touching, assault, intimidating gestures, visual or non-verbal harassment, and sexual harassment. Unwelcome advances, requests for sexual favors, explicit comments, or persistent and ongoing flirtation, which create discomfort, are also considered hostile. Finally, retaliation for sabotage after reporting a hostile work environment, including demotions, exclusions, spreading rumors, or undermining your work, and based on protected statutes, is illegal.

Start Your Case Today

Our Los Angeles employment attorneys are here to help you through the complex process. When you need someone you can trust, we encourage you to rely on our team at Levin & Nalbandyan, LLP to safeguard your rights at all times. We’re here for you every step of the way.