California defines hostile work environments as those in which inappropriate behavior is prevalent or severe enough to produce a hostile work environment for one or more employees. According to the Fair Employment and Housing Act, this type of harassment, workplace harassment, is prohibited. Even a singular incident of harassment can be sufficient enough to show that there is a hostile work environment if that harassment interfered unreasonably with the plaintiff’s abilities to complete their work or created an intimidating, aggressive, or offensive working environment.
What can a hostile work environment look like in California?
A hostile work environment can take on many forms, and each case is unique, but the following are some common examples of unlawful harassment in these work environments:
Making derogatory remarks, making inappropriate jokes, racism, ageism, sexism, inappropriate innuendos, touching someone inappropriately or hitting them; making verbal or implied threats; posting signage or posters; asking for sexual favors repeatedly or aggressively, and showing preference based on a protected characteristic.
For example, if your boss is simply cranky and challenging to everyone in the office, they may not be breaking the law; however, if your boss is singling you out and attacking a protected characteristic, you may have a viable case. Another example is an employee with a disability experiencing abuse by their boss frequently in the form of insulting their intelligence or performance or belittling them in front of other coworkers; this would be a violation of the law. In the previous example, we see the employer had an unlawful motive.
Throughout California, unlawful workplace harassment occurs when a person engages in negative, inappropriate, or unwanted conduct toward a worker based on their protected characteristics. Race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy are considered protected characteristics, among other facets.
What to do if you are in a hostile work environment
First, and this is crucial, you should file an official complaint with HR or your supervisor (unless they are the party fueling the toxic and hostile environment, in which case, submit the complaint to someone else who is in a position of authority and ability to help process the claim).
Note: It is essential to document as much as possible. By documenting, you increase your chances of proving a hostile work environment.
Remember, you aim to effectively demonstrate the pattern of frequent and severe abusive conduct in your claim. You strengthen your case by appropriately filing a claim, saving pertinent emails, and keeping records of incidents with dates, times, names, details of what transpired.
Next, you may be contemplating quitting or resigning voluntarily. You should file a claim first. The likelihood of being successful with a hostile work environment claim when you quit before addressing your concerns is significantly lower than if you begin to handle the matter while still employed. It is not impossible to file a claim if you have already resigned, but it can be more complicated, which is why it’s always a wise idea to consult with an attorney who specializes in employment litigation.
How do the courts determine an environment as genuinely hostile?
California courts use several factors to decide whether a work environment is hostile or abusive.
- Severity: particularly inappropriate behavior (like nonconsensual physical touch) is more likely to be deemed unlawful, even if it occurs only once than milder acts. A general rule of thumb: worse conduct requires fewer occurrences to meet the threshold of pervasiveness.
- Frequency: milder but still inappropriate behavior or acts can be established as unlawful if they occur frequently. When an inappropriate activity occurs frequently, it is more likely to be considered “pervasive” than if it happens once or twice a year. Courts in California may even try to calculate or estimate the number of times (or days) the alleged conduct transpired.
- Context: The court will examine the circumstances around the alleged harassment to confirm the context. Occasionally, events outside of improper conduct may make the scope of the misconduct either less or more egregious. For instance, if the behavior only occurred outside the workplace, it may not be as blatant and heinous.
These are only a few factors used in determining the existence of a hostile work environment, but there are many more.
If you believe you are the victim of a hostile work environment or any form of workplace harassment, it is critical to contact an experienced California Employment Law attorney. Your job should be free from all types of unlawful conduct, including discrimination, harassment, retaliation, and any other form of abuse. Let our attorneys fight aggressively on your behalf to protect your rights and hold your employer accountable for their unlawful actions.
