A hostile work environment is a workplace where an employee feels intimidated, uncomfortable, or humiliated because of unwelcome actions or behavior of others. Every employee should be aware that the law protects them from being exposed to or targeted by such misconduct. However, it is also important to distinguish between what legally counts as harassment and what might be considered a minor issue or a one-time rude remark.
If you find yourself questioning whether the negative behavior you are experiencing at work legally qualifies as a hostile environment, it is time to consult with a trusted workplace harassment attorney in California. They will help you determine where exactly the line is drawn between a merely unpleasant workplace and one where the work environment is hostile.
What Defines a Hostile Work Environment Under California’s Legal Framework?
Under California law, a hostile work environment is a workplace atmosphere characterized by harassment, discrimination, intimidation, or other behaviors that make it difficult or uncomfortable for an individual to perform their job. These behaviors can be based on protected characteristics such as race, gender, age, religion, disability, sexual orientation, or nationality.
Hostile work environments can include verbal abuse, offensive jokes, physical threats, bullying, displaying racist or sexist symbols or posters at the workplace, slurs about someone’s protected characteristics, repeatedly sabotaging an employee’s work process or equipment, or any other conduct that creates an intimidating, offensive, or hostile environment for an employee.
Employers in California have a legal obligation to address and prevent hostile work environments to ensure a safe and productive workplace for all employees.
Legal Elements to Prove a Hostile Work Environment in California
In order to successfully pursue a hostile work environment claim in California, your workplace harassment will establish the following legal elements:
Discriminatory conduct based on a protected class
The behavior in question must be discriminatory in nature, i.e., it is based on a protected characteristic such as race, color, religion, age, national origin, gender, etc.
Unwelcome conduct
The conduct must be undesirable. This focuses on how the behavior was received, not necessarily the intent behind it.
Severe or pervasive conduct
The behavior must be either severe or pervasive enough to create a workplace culture that a reasonable person would consider intimidating, hostile, or abusive. “Severe conduct” can be an extremely serious one-time incident, while “pervasive conduct” refers to repeated incidents that, cumulatively, disrupt the victim’s work performance or career progress.
Subjectively hostile or abusive
The person (plaintiff) making the claim must perceive the environment to be hostile or abusive. This is a subjective assessment based on the individual’s own feelings and reactions to the behavior.
Objectively hostile or abusive
The environment must be such that a reasonable person would also find it hostile or abusive. This is an objective test that seeks to determine if the workplace was hostile or abusive from the perspective of a reasonable person in similar circumstances.
Employer liability
There must be a basis for holding the employer liable. Employer liability can be established if a supervisor’s harassment results in a negative employment action such as firing, failing to promote, or demotion. In cases where the harassment doesn’t lead to a tangible employment action, an employer can be held liable if they knew or should have known about the harassment and failed to take appropriate corrective action.
Warning Signs of a Hostile Work Environment
If you are wondering whether someone at work is simply being unkind or their conduct can be legally construed as bullying and thus, is actionable, consider the following signs for recognizing a hostile work environment.
Exclusion from activities
If you are often left out of meetings, conversations, or office events where your presence would normally be expected or required, you are being systematically excluded, which can be a subtle yet powerful type of workplace ostracism.
Unexplained changes in work duties
This applies if there have been sudden shifts in your responsibilities without any reasonable justification, seemingly designed to set you up for failure, or to marginalize you in the workplace.
Sudden drops in performance reviews
If your performance evaluations decline sharply without a clear reason — and particularly if this happens after you have reported discrimination or harassment — this could be a form of retaliation.
Increased surveillance or micromanagement
There may be an unwarranted increase in micromanaging your work, targeted at certain employees or groups based on characteristics like race, gender, or age.
Derogatory or offensive communication
The use of hurtful nicknames, offensive jokes, or demeaning emails, specifically those targeting workers based on their personal attributes, can contribute to a toxic atmosphere.
Spread of harmful rumors
The intentional spread of damaging rumors that target an employee’s character or professionalism based on aspects like their background or identity can undermine their reputation and damage workplace relations.
Physical altercations or threats
Any physical threats or behaviors that intimidate and create fear about personal safety are clear signs of a hostile work environment. This can range from subtle intimidation to outright physical confrontations.
Visible bias in career opportunities
A consistent pattern of favoritism where certain groups are frequently overlooked for promotions, training, or advancement can also signal deeper issues of bias and hostility.
What to Do if Your Workplace Fosters a Hostile Work Environment?
Your first step should be to reach out to your company’s Human Resources (HR) department. If the person contributing to the problem has a close relationship with someone in HR due to nepotism or other connections, this may feel daunting, but know that the law is on your side.
California law requires companies to address these situations promptly and effectively. Ideally, the response from your employer should be to move you away from the harasser and possibly bring in a third-party investigator to assess the situation neutrally.
If your issue remains unresolved even after approaching HR, consult with a skilled California workplace harassment attorney to file a formal complaint with the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing). Remember, there is a three-year limit to file this claim. The CRD will investigate your complaint and may use dispute resolution methods, including mediation, to address the issue.
If necessary, you can also request a “right-to-sue” letter to initiate a conventional lawsuit. Note that the Equal Employment Opportunity Commission (EEOC) protects all employees from retaliation for filing a complaint with/against their employer.
Dealing With Workplace Harassment? Get Strong Legal Representation from Rubin Law Corporation
Attorney Steven Rubin and his legal team bring nearly four decades of experience in holding employers across California accountable and doing right by the workers, regardless of the stage of their complaint. Due to our deep understanding of the hostile work environment laws and our formidable record of success in these cases, we might be able to reach a favorable resolution in your case through negotiation alone, without the need for a formal lawsuit. In any case, we are fully equipped and determined to take your case to trial where a satisfactory settlement for financial damages cannot be reached. Give us a call at (213) 996-0196 or send us a message to schedule your free case review today.