What Constitutes a Hostile Work Environment Under California Law?

Does California Law Legally Define Toxic Work Environments?

In the workplace, actions and words might feel unfair, but that doesn’t necessarily make them illegal. However, certain actions may rise to the level of unlawful behavior in the workplace. So, what is a hostile work environment? And does the state of California legally recognize hostile work environments as unlawful environments worthy of complaints and intervention?

Under California law, hostile work environments occur when unwelcome comments or conduct is made to employees concerning one (or more) of the employee’s legally protected characteristics. Legally protected characteristics include, but are not limited to, an employee’s race, sex, gender, disability, age, religion, among other categories outlined in California’s Fair Employment and Housing Act (“FEHA”), also known as Government Code § 12940(a).

Further these comments and actions cannot be just any random in nature. The conduct or comments in the work environment must be considerably severe, pervasive, and overtly negative, such as to alter workplace conditions and create an environment that could be considered abusive. Additionally, the comments or conduct must unreasonably interfere with an employee’s ability to do their job or otherwise create an intimidating and offensive environment for the employee. Finally, the law requires that a harassment victim prove that any “reasonable person” in the same position would also conclude that the work environment is abusive or hostile.

What Makes for a Hostile Work Environment?

Narrowly defining toxic work environments can be a difficult legal matter, not least of all because there are so many protected characteristics that could be protected under California’s employment laws, but also because the same environments might have different effects on other employees. For example, what might feel like an abusive work environment to one employee might feel like a perfect place to work for another. Does that disqualify the complaints made by the harassed employee? Not necessarily, but it may make it more difficult to prove the case. Additionally, certain jobs or industries have unique demands that may feel more hostile than other industries, such as increased levels of danger or stress for employees in the workplace. Just the same, however, hostile and abusive work environments are against the law and are unacceptable, regardless of the job or industry.

Common indicators that may suggest a toxic work environment include:

• Constant feelings of being gaslit or manipulated
• Disengaged workers
• Distrust and contempt shared between coworkers
• Employees and coworkers treat each other with hostility
• Inadequate support for growth or well-being in the workplace
• Lack of boundaries in the workplace
• Physical symptoms of workplace stress
• Unhealthy or ill-advised interpersonal relationships between employees
• Unreasonable and unhealthy levels of competition
• Unusually high turnover rate of employees

Hostile workplace environments can have a lasting negative impact on employees and their families. Workers who come from hostile workplaces often complain of a lack of motivation, decreased productivity, lack of attention to detail, declining work performance, poor self-esteem or self-confidence, and even health issues.

What Are Examples of Hostile Work Environments?

Common examples of unwelcome and unlawful harassment in the California workplace include the following:

• Derogatory comments. Jokes, insults, slurs, and other types of verbal harassment are common forms of derogatory comments heard or observed in the workplace. Under California law, mere comments alone can be enough to constitute harassment in the workplace. However, the comments must be more than crude, disparaging, or vulgar. They must be severe and pervasive
• Favoritism and unequal treatment. Under the law, it is illegal to practice favoritism based on unlawful motivations or characteristics. For example, it could be considered illegal discrimination when supervisors and managers reward employees based on their gender, religious beliefs, race, country of origin, or other protected characteristics
• Inappropriate propositions. In most cases, a single request from a coworker to go out on a date with you does not rise to the level of workplace harassment. However, there may be a valid claim of harassment if the employee in question is relentless in their repeated advances against the same person to date them, ignoring the rejections of these propositions
• Unwanted physical touching. This might be considered the most obvious and clearest type of harassment in the workplace. California courts have frequently described physical touching as being more offensive to employees than verbal abuse. The physical touching does not need to be violent in nature in order to be considered unwelcome or unlawful

In each of the above situations, it is important to remember that isolated incidents rarely are considered workplace harassment. A single vulgar comment or inappropriate proposition would be brushed aside or potentially forgiven by the law. However, repeated examples of improper conduct or comments could be considered workplace harassment.

What Are Protected Classes in the Workplace?

The primary employment law in California that prohibits and outlaws discrimination, retaliation, and toxic work environments is the California Fair Employment and Housing Act (FEHA). This law prohibits harassment based on the protected characteristics of California workers.

The following are the protected characteristics of California employees:

• Age (if over age 40)
• Disability (physical or mental)
• Gender
• Gender identity or expression
• Genetic information
• Marital status
• Medical condition
• Military or veteran status
• National origin
• Physical or mental disability
• Race
• Religion
• Sex
• Sexual orientation
• Skin color

Do Employers Have a Duty to Create Harassment-Free Workplaces?

Yes. In the state of California, employers have a responsibility to create harassment-free workplaces for their employees. For many, this duty includes preventing foreseeable harassment, correcting any known examples of harassment, and proactively training employees about harassment in the workplace.

Can You Sue Your Employer for a Hostile Work Environment?

If you are experiencing a toxic workplace environment, you have the right to file a lawsuit against your employers. Filing a lawsuit against an employer requires several things, not least of which is the courage to step forward and stand up for yourself.

With the help of an experienced employment lawyer, it is possible to recover economic and non-economic damages from your employers after filing a successful lawsuit.

You may potentially be able to recover the following damages:

• Back pay
• Emotional distress
• Loss of benefits
• Lost wages
• Pain and suffering
• Unpaid overtime
• And in severe cases, punitive damages

Schedule a Free Consultation with an Experienced Trial Attorney Today

If you have been the victim of workplace harassment and are experiencing working in a toxic environment, don’t hesitate to contact our law firm to discuss your case in more detail. With our help, together, we can bring the awful practices to light and, hopefully, recover financial compensation for your emotional and physical pain.

Our legal team has experience taking employers to court and winning successful cases. To discuss your case in more detail, we encourage prospective new clients to schedule free consultations with our law firm. Contact us at 949-771-8173.