Those who are in a hostile work environment are exposed to harassment and discrimination that is “severe and pervasive,” to the point where they feel unsafe and threatened whenever they are at work.
Employment provides a sense of fulfillment and purpose for many workers, aside from financial security. However, your workplace can turn into something that disrupts your life and makes you anxious and afraid on a daily basis. Unfortunately, many California employees are subjected to hostile work environments. And there are many opportunities for your employer to make your life miserable, especially if you try to complain about the treatment you are receiving.
Being forced to work in a hostile environment can cause physical and emotional health problems that have a negative impact on you and your loved ones. Thankfully, such environments are illegal under California law, but taking advantage of the protections you have can be challenging for the average worker. In order to understand how you can report a hostile work environment in California, you’ll need to prove that the environment at your job is indeed hostile.
Hostile Work Environment as Defined by California Laws
Some workplaces are incredibly driven and stressful based on the nature of the goods / services they provide. And there’s no denying that each industry comes with duties that can cause physical and mental distress. Thus, it’s imperative to establish what a hostile work environment means in a legal sense.
Under California law, guidelines that make a workplace hostile include:
- Employees being exposed to unwelcome comments or behavior
- Employees being subjected to unfair treatment in the workplace based on a protected characteristic, or because they are engaging in a protected activity
For detailed information on the laws against a hostile work environment, you can refer to the California Fair Employment and Housing (FEHA) Act. The law’s main focus is employer discrimination and retaliation, but it can be extended to cover hostile work environments and the protections that are available to workers. Under the provisions of FEHA, the following elements are used to define a hostile work environment in California:
- The behavior that qualifies as hostile must be pervasive or severe, i.e., it must be serious enough to where a reasonable person would feel threatened and unsafe.
- The menacing behavior must be chronic (happening again and again) in spite of the employee’s attempts to put a stop to it.
- The hostile treatment impairs the employee’s ability to perform their job duties.
- The employer’s actions or lack thereof has created or contributed to an environment of abuse and intimidation.
How Can I Prove that My Work Environment is Hostile?
Proving that you are in a hostile work environment isn’t easy, but it’s possible to establish a case that meets California’s legal standards. If you believe that you are working in such an environment, please take the steps listed below:
- Report the behavior / activity to someone in charge – filing a complaint internally is the first step, even though we understand that many employees are reluctant to speak up. However, it’s essential that you talk to a supervisor / manager/ someone in Human Resources and give your employer a chance to rectify the problem.
- Save all documentation – Evidence is the key to a successful employment rights case. Make sure to hold on to any text messages, emails, performance evaluations, notes, recordings, etc. that prove you sought corrective actions, but your employer failed to do their part. All these elements are essential in the event you are forced to move ahead with a legal case.
- Explore Legal Options – Reporting hostile treatment in the workplace is a protected activity, and employers are prohibited by law from retaliating against you based on this reason. So, if you do face discrimination or retaliation, you can choose to file a lawsuit or complaint with the California Department of Fair Employment and Housing.
Succeeding in a claim for hostile work environment is an uphill battle, even though there are laws to protect you. Consulting a California employment lawyer is the best way to fight for your rights and secure a positive outcome if you are suffering from a hostile work environment.
How can Employers Prevent a Hostile Work Environment?
The truth is, it’s impossible to create an environment where workers are completely protected from hostile behavior. Regardless of the policies and procedures that are in place, an employer cannot monitor every aspect of a worker’s day or what goes on between people at a job site.
However, California employers have a legal duty to have polices that minimize the possibility of a hostile work environment. In addition, they are required to keep an eye out for harassment, threats, and other menacing conduct and take steps to make employees in this situation feel safe. Failure to take corrective action upon being notified of a hostile work environment gives affected workers the right to file a labor board complaint or employment rights lawsuit.
Legal Remedy for Hostile Work Environments
By filing a hostile work environment lawsuit against your employer, you are seeking monetary damages for the harm you suffered. Damages that you may have a right to include:
- Lost income, including back pay and overtime wages
- Value of lost work benefits
- Dolor y sufrimiento
- Estrés emocional
- Honorarios legales
- Daños punitivos
Aside from compensation, you are also holding your employer accountable and making sure they do not get away with violating the law. These lawsuits often bring about crucial changes that help not only you, but many others who are facing harassment, discrimination, and other unlawful treatment at their job.
Contact the Legal Team of California Labor Law Employment Attorneys Group
No one should have to suffer the indignities and trauma of a hostile work environment, where many of us spend the majority of our day. You have the right to work in a safe environment, where you are treated with respect by co-workers and supervisors. If your employer is failing to provide you with an environment that’s free of hostility, seek help from one of our attorneys.
We charge $0 upfront, and our only form of payment is a percentage of your settlement or payment from a jury verdict. There is also a Zero Fee Guarantee in place, so you owe us absolutely nothing unless you receive compensation from a successful lawsuit.
If you are ready to learn about the legal options that are available to you, contact our office and schedule a free, private consultation.
