The workplace can be a complicated space filled with individuals of different personalities, different backgrounds, and different points of view. But when that space becomes a toxic work environment, there can be a fine line between ill-advised and illegal when it comes to comments and behavior directed at someone.
In the state of California, a hostile workplace is one in which an employee endures unwanted discrimination, harassment, or constant offensive and inappropriate behaviors that are extreme enough to interfere with that employee’s ability to do his or her job.
But for these behaviors to be considered an unlawful violation of California law, they must be so pervasive and extreme as to create an uncomfortable and unsafe workplace, based on race, sexual orientation, religious beliefs, or other protected characteristics defined under Section 12940(i) as per the California legislature.Defining A Hostile Work Environment
- The hostile behavior is directed towards an employee as a result of his or her protected status under the law.
- The hostile behavior is extreme or consistent enough to be considered a routine part of the employee’s workday.
- The hostile behavior must be deemed unwelcome by the employee.
- The hostile behavior creates such an environment in which the employee feels unsafe, intimidated, or uncomfortable enough to distract or interfere with the employee’s ability to perform his or her work duties.
- The hostile behavior is deemed abusive or hostile by any reasonable individual who, if placed in the same situation, would find such an environment objectionable and uncomfortable.
Based on these definitions, unwelcome conduct or harassing conduct does not meet the standards of a violation of the law if the behavior occurs during isolated incidents or fails to meet other criteria outlined under California law.
But for employees who are experiencing offensive conduct as defined above, the conditions may be deemed a hostile work environment in the eyes of the law.Sexual Harassment in the Workplace
Sexual harassment is a clear-cut form of hostile work environment, where unwelcome or harassing conduct of a sexual nature can result in an uncomfortable and offensive workplace. When such conduct becomes severe or pervasive, unreasonable to the point that it interferes with job performance, or offensive and hostile enough to intimidate the employee, that conduct rises to the level of creating a hostile work environment.
Examples of this type of conduct include:- Unwelcome or inappropriate sexual overtures
- Routine unwanted attention
- Offensive or degrading comments about an employee’s sexual orientation
- Vulgar, sexually-charged jokes or comments
- Sexually explicit remarks directed at an employee
- Lewd gestures
- Display of pornographic materials in public view
Under California law, any employee who has been subject to even one encounter or incident of sexual harassment may have legal cause to hold his or her employer responsible for such conduct if that encounter or incident unreasonably interfered with the employee’s job performance.
Employers are bound by law to prevent and otherwise discourage or restrict such conduct from all employees in the workplace or be held liable should this conduct be allowed to continue.
Interfering with an employee’s job performance or causing that employee to feel intimidated or unsafe in the workplace due to unwanted and inappropriate sexual harassment can put an employer in significant legal jeopardy, even if the employer was not directly responsible for engaging in such conduct. Employers can be held liable for the actions of another employee who has engaged in or continues to engage in such conduct.
Any employee who feels intimidated, uncomfortable, or unsafe in the workplace is experiencing a hostile work environment and should speak to his or her supervisor or a representative in the human resources department to report the unwelcome or inappropriate conduct. If this is not enough to alleviate the problem and prevent the behavior from continuing, it could be elevated to a legal matter.
Protected Classes and Workplace Harassment
Any employee with protected characteristics under the law who is a victim of harassment, discrimination, or abusive behavior motivated by his or her protected status may have grounds for pursuing legal action against an employer.
This is where a distinction is made between an inappropriate comment and actual illegal behavior that fails to comply with California law prohibiting unlawful harassment or discrimination and fostering a hostile work environment.
If an employee is the victim of harassment based on his or her protected classes, the perpetrator is breaking the law. The following are those protected classes that would elevate hostile behavior to an unlawful act:
- Race
- Color
- National origin
- Ancestry
- Religion
- Medical issue
- Physical disability
- Mental disability
- Gender
- Gender identity
- Sexual orientation
- Pregnancy or breastfeeding
- Marital status
- Age (above 40 years or older)
- Military status
- Veteran
If the hostile behavior towards an employee is not motivated by one of the protected classes above, that behavior does not constitute a violation of the law. While no reasonable person wants to be part of a toxic work environment, being subjected to offensive conduct or offensive jokes does not always equal illegal discrimination.
A co worker telling an off-color joke or anecdote doesn’t meet the requirements for a violation of hostile work environment laws. But if that same co worker uses a racial slur, continues unwelcome harassment and demonstrates a pattern of making offensive comments related to race, gender, national origin, or any other protected class is the legal definition of unlawful conduct and a hostile work environment.
Holding Employers Responsible for a Hostile Environment
If you are the victim of unlawful harassment or workplace discrimination, knowing who to hold accountable can be complicated. That’s because the individual who is committing the hostile behavior towards you may limit your employer’s responsibility for that unlawful behavior.
For instance, if you are subjected to harassing conduct as a result of a protected characteristic by a supervisor then you can hold your employer liable for that abusive behavior and the emotional distress, mental anguish, intimidation, or other consequences you are experiencing in the workplace, even if the employer wasn’t negligent or behaving in an unlawful way.
On the other hand, if it’s a co worker making offensive comments and unwelcome conduct, then you may only hold the employer legally responsible if their negligence contributed to the illegal behavior.
The way your employer deals with the issue when reported to an HR department may constitute negligence, as California law mandates that an employer respond immediately to any workplace harassment complaint and take swift and effective action to correct the problem.
This may require implementing steps to protect an employee from further harassment or discrimination, conducting an exhaustive investigation into the matter, notifying all parties involved in the complaint that an investigation has been initiated with the expectation of full cooperation from all sides, and taking the appropriate corrective action in accordance with the employer’s zero tolerance policies on unlawful harassment to remain in compliance with state and federal law.
Protect Your Legal Rights in a Hostile Work Environment
If you have been the victim of illegal discrimination or harassment based on your protected status, you may have grounds to file a hostile work environment claim to protect your rights. The California Fair Employment and Housing Act (FEHA) as well as Title VII of the Civil Rights Act both require that employers enforce policies that provide for a safe work environment, free from harassment, discrimination, and intimidation.
Under these laws, you have rights. The right to freedom from a hostile work environment, the right to a safe workplace without harassment, and protection against retaliation if you report toxic, abusive, or hostile behavior on the part of a supervisor or co worker simply because of your protected class status.File a Complaint with the Human Resources Department
Alerting your HR department of the workplace harassment you have been experiencing is always an important first step in protecting your rights. But before you file a complaint with the human resources department you should be able to clearly identify the type of abuse you experienced, create a timeline of the hostile behavior and discrimination that you were subjected to on a consistent basis, as per the law, along with the protected class to which you identify, and how you were targeted for harassment based on that protected characteristic.
Gather evidence and collect all the documentation that supports your complaint and bring it to your HR department with a detailed account of the abuse you suffered in order to prove the facts. In the event that filing a complaint with the HR department proves fruitless or you feel uncomfortable or unsafe filing that complaint with the human resources department, you can elevate your claim to the California Civil Rights Department (CRD).
Hire the Right Hostile Work Environment Attorney
The Law Office of Fahim Rahman has been fighting for the rights of employees just like you, who have endured severe and relentless workplace discrimination and abuse due to your protected status, treated unfairly by employers who don’t value your contribution to the organization, take you for granted, and leave their employees feeling unsafe and uncomfortable.
If you have been the victim of a hostile work environment, you may be entitled to compensation. But never take on your employer alone, hire the firm with the hostile work environment attorneys who have the expertise and experience to handle your case with the passion and attention to detail you deserve.
Give us a call, our team can help determine if you have a case, advise you on how to proceed, and guide you every step of the way. The Law Office of Fahim Rahman is the right hostile work environment attorney that will fight to protect your legal rights.
Don’t wait, contact us today.