Hostile Workplace Lawyers

California Law Firm Representing Employees in Hostile Workplaces

California is known for its strong employee protection laws, including its law against creating a “hostile work environment.” This law is designed to protect employees from harassment and discrimination in the workplace caused by a hostile workplace, hence its name.

Is Your Work Environment a Hostile Workplace?

A hostile work environment is a workplace where an employee feels uncomfortable, intimidated, or harassed due to their race, gender, sexual orientation, religion, age, disability, or any other protected characteristic.

This can include verbal or physical harassment, such as offensive jokes, slurs, or physical touching. It can also include nonverbal behavior, such as glaring, staring, or making gestures that are offensive or intimidating.

California’s Law Against a Hostile Workplace

California law makes it illegal for an employer or coworker to create a hostile work environment. Specifically, California’s Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination on the basis of age, race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, medical condition, genetic information, or disability.

The FEHA applies to all employers in California with five or more employees, including government agencies and nonprofit organizations. Employers are required to take reasonable steps to prevent harassment and discrimination, and they can be held liable if they fail to do so.

How to Prove Hostile Work Environment?

To prove a hostile work environment claim under California law, an employee must show that:

• The conduct was unwelcome

• The conduct was based on a protected characteristic

• The conduct was severe or pervasive enough to create a hostile or abusive work environment

• The conduct was either carried out by a coworker or supervisor, or the employer knew or should have known about the conduct and failed to take prompt and effective corrective action

Generally, it is difficult to prove that a single incident of offensive behavior is enough to constitute a hostile work environment unless it is severe or pervasive enough. A pattern of behavior is generally needed to show that your environment at work is an illegally hostile workplace.

Options for Employees Who Believe They are in a Hostile Workplace

If you believe you are an employee who is experiencing a hostile workplace in California, you have legal options. You can file a complaint directly with the California Department of Fair Employment and Housing (DFEH) or you can file a lawsuit in court after the DFEH issues a right-to-sue letter, which your attorney at Kluft Law, P.C. can immediately get.

If you file a complaint directly with the DFEH, the agency will investigate the claim and may attempt to mediate a resolution between you and your employer. If mediation is unsuccessful, the DFEH may file a lawsuit on the employee’s behalf or issue a “right to sue” letter, which allows the employee to file a lawsuit on their own.

You May be Entitled to Damages if You are a Victim of a Hostile Workplace under the FEHA

Damages available to victims of a hostile workplace will vary depending on the severity, pervasiveness, and the extent of harm the hostile workplace caused so it is important that you speak with an attorney when you feel that you are subject to a hostile workplace.

Awarded monetary damages may include:

• Lost wages, pay, or higher income from a denied promotion or raise

• Pain and suffering (for emotional distress damages)

• Equitable remedies

• Punitive damages as a way to punish an employer for particularly egregious wrongdoing.

• Attorneys Fees and Costs

If you believe your work environment is a hostile workplace, it is important that you speak with an attorney as soon as you can. Contact us or Call us at (626) 432-5422 for a free consultation.