Jobs provide many different things for workers, like financial security, purpose, and self-fulfillment. But sometimes, these workplaces can turn into something terrible. Hostile work environments are, unfortunately, a common occurrence in California workplaces. Whether it be sexual harassment, racially motivated, or being targeted because of a disability or injury, when a work environment turns hostile and unpleasant, employees need to be advocated for.
How Does California Define a Hostile Work Environment?
Understanding what a hostile work environment is and is not is very important when trying to understand what rights you have as an employee. After all, not every unpleasant work environment rises to the level of hostility. Thus, there are key characteristics that make a work environment hostile, and as a result, against the law.
In California, an unlawful hostile work environment has two elements:
- unwelcome comments or conduct made to an employee
- the employee is a member of a protected class or has a protected characteristic.
These definitions are laid out in the California Fair Employment and Housing (FEHA) Act, which protects workers from a hostile work environment. Obviously, there can be a great deal of variation when looking at the basic definition of a hostile work environment. In the interest of full understanding, here are the core parts of what exactly makes a hostile work environment:
- The hostile behavior or conduct must be unwelcome.
- The hostile behavior is being said or done to the employee because of the employee’s protected characteristics (age, race, gender, sex, disability, etc.)
- The hostile behavior must be severe or pervasive, meaning that the behavior keeps occurring over and over again despite attempts to stop it.
- The hostile behavior interferes with the employee’s ability to do their job, or is such that it fosters an environment of intimidation and abuse.
- A reasonable person would consider the behavior to be hostile or abusive.
When all five of these components are present, it is extremely likely that the employee is experiencing an unlawful hostile work environment.
How Does an Employee Deal With a Hostile Work Environment?
As we have seen, just because there are laws against a hostile work environment doesn’t prevent them from occurring. Oftentimes, a hostile work environment presents gradually, first with innocuous comments, then increasing to consistent unwanted behavior that ultimately leads to the employee quitting-in legal terms known as “constructively discharging” themselves from the workplace. It’s important to understand that dealing with a hostile work environment has two basic cycles: during employment and after the employment is ended.
During Employment
When an employee begins to suffer a hostile work environment, generally the best course of action they can take is registering a formal complaint with either their superiors or with the human resources department. This serves a number of purposes, including:
- Putting the employer on notice that the unwanted behavior or conduct is occurring.
- Reinforcing the fact that the employer has a legal responsibility to take action regarding the conduct or comments.
- Allows the employer to discipline or fire the employee that is creating the hostile work environment.
- Illustrating to the company that the employee being subjected to the hostile work environment is willing to stand up for themselves.
In order to be fully effective, it helps if the complaint is written and submitted via proper procedure. Above all, it must be professional, respectful, helpful, concise, and illustrative of the protected characteristic that is motivating the unwelcome behavior in the first place.
Post Employment
If the employer fails to take appropriate corrective action relating to the hostile work environment, it is extremely likely that the employee’s employment with them will end. Whether the employee constructively discharges themselves or they are the ones that end up being terminated, California’s legal protections will come into play.
When an employer terminates, or otherwise retaliates against the employee for reporting a hostile work environment, they will have broken the law. At that point, our team of experienced hostile work environment retaliation lawyers can consult with the employee and help them go forward with a lawsuit for damages.
If successful, the employee can recover lost wages, back pay, restitution for loss of benefits, costs related to emotional duress, pain and suffering, and mental anguish.
Work With Experienced California Hostile Work Environment Lawyers
Attorney Martin Gasparian, Maison Law’s founder, believes that every California employee has a right to a workplace free of hostility and unwelcome conduct. He also believes that employers should do everything they can to prevent or at least quell hostile work environments when they have the opportunity to do so. Not every employer takes that responsibility seriously, and when that happens, our California Workplace Discrimination Lawyers can help. If you have been subjected to a hostile work environment and would like to set up a free consultation to discuss your options, contact them today.
