In certain situations, an individual may be able to sue their employer for hostile work environment in California. An employee may be able to file a lawsuit against the party harassing them based on a hostile work environment either in state or federal court.
The Equal Employment Opportunity Commission (EEOC) is the federal agency that is responsible for enforcing federal laws that govern workplace discrimination based on protected characteristics. The EEOC will investigate the employee’s claim to determine if the legal requirements for a hostile work environment were met, which include:
- The type of conduct;
- The frequency of harassment;
- Discriminatory intent;
- The employer’s response; and
- The effect the harassment had on the employee.
The EEOC will review the conduct of the parties involved and whether it was physical, verbal, or both. Physical threats or intimidation will most likely result in harsher penalties for the parting harassing the complainant.
The frequency of the harassment will also be examined to determine whether the harasser’s conduct was pervasive and long-lasting or if there was a simple, isolated incident. One simple and isolated incident will usually not meet the requirements for a hostile work environment unless the incident is extremely serious.
The claimant has to demonstrate discriminatory intent to prevail in a hostile work environment claim at the federal level. This means that the harassing behavior must be discriminatory based on protected characteristics or other categories that the EEOC legally protects.
The EEOC will also examine the employer’s response to the situation. This may include examining whether or not the employer took immediate steps to correct the harassment issue.
If the employer was aware of the issue but did not take any action to investigate or intervene, they would be more likely to be liable for a hostile work environment. Employees should be encouraged to inform their harasser directly that offensive conduct is not welcome and should immediately stop.
An employee should also report the harassment to management members as soon as possible. This can help prevent the escalation of the hostile work environment as well as provide management with an opportunity to address the issue.
The effect of the harassment on an employee will be examined to determine whether it was pervasive or severe enough that a reasonable individual would consider the work environment to be hostile, intimidating, or abusive. Generally, this means that an employee’s ability to perform their job duties must be greatly effective.
In addition to federal protections against hostile work environments, there may be California state or local agencies or laws that regulate workplace discrimination and harassment. Because of this, it is important to consult with a local attorney in California to determine whether it is best to bring a claim to federal or state court.
What Is a Hostile Work Environment?
An employee should be able to do their job in a healthy work environment. Many employees, however, suffer in hostile work environments that severely impact their ability to perform their job duties.
Hostile work environments are created when an individual in the workplace engages in harassment that makes it impossible for other employees to perform their job duties. This harassment may include unwelcome comments that unreasonably interfere with an employee’s work performance and are based upon the employee’s:
- Race;
- Color;
- Religion;
- Sex, including pregnancy;
- National origin;
- Age, if the individual is 40 years old or older;
- Disability;
- Genetic information;
- Any other characteristic that is legally protected.
A hostile work environment can be created by the following parties:
- Coworkers;
- Supervisors;
- Managers;
- Repeat clients;
- Vendors;
- Visitors;
- Contractors;
- Other employment staff who may have had contact with the employee.
Not every isolated incident, petty slight, or annoyance will rise to the level of a hostile work environment. If, however, an employee is being subjected to offensive and unwelcome conduct that has affected their employment, the employee may be able to sue their employer for a hostile work environment.
A hostile work environment can be created in numerous different ways, including sexual remarks or sexual harassment, which creates an environment of intimidation and fear, or a toxic work environment.
When Should I File My Claim for a Hostile Work Environment?
It is important for an employee to notify their harasser, members of management, and the Human Resources department about the offensive conduct. This is because there has to be documented evidence that the issue was reported in order to have a successful claim.
The harassment might continue, and the employee might be subjected to a hostile work environment. In this case, the employee should contact the local state agency that is in charge of harassment in the workplace or the EEOC. These agencies will be able to investigate the claim and determine if a lawsuit should be filed.
How Do I Prove a Hostile Work Environment?
Proving a hostile work environment requires certain steps on the part of the employee. The employee should, as noted above, directly inform the harasser that the conduct is not welcome and should stop.
Additionally, the employee should report the harassment to a supervisor or management so management can address the issue and prevent it from escalating. The employee should also report the harassment to the Human Resources department immediately.
It is important for the employee to keep records of the communication they have with management regarding the hostile work environment, as it may serve as important evidence in their claim. Due to this issue, it is best to communicate with members of management regarding the hostile work environment by email or in writing because these methods will be recorded in writing.
If an individual informs management by phone, they should note that there are federal and state wiretapping laws that may limit their ability to record telephone conversations. Federal laws, in general, allow wiretapping as long as one party consents.
California law, however, requires consent from both of the parties.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
Under California employment laws, if an employee can prove a hostile work environment claim, they may be entitled to compensatory damages for their losses, including compensation for lost wages, benefits, and back pay that resulted from the employee’s inability to work. A hostile work environment could cause an individual to lose their job. In that case, compensatory damages may be awarded to put the employee back into the same position they should have been in if they had not had to leave their job.
It is common for courts to reinstate employees back to their positions as well as order the termination of the offending employees. In certain cases, an employer may have to pay punitive damages to an employee if they engaged in intentional conduct that created a hostile work environment.
Do I Need a California Lawyer for Hostile Work Environment Lawsuit?
If you have any issues, questions, or concerns related to hostile work environments in California, it is essential to consult with a California workplace lawyer. Although you are not required to have a lawyer to file a complaint with the EEOC or a state agency, your lawyer can help ensure that you file the claim with the proper agency.
If the EEOC or state agency cannot resolve your issue, your lawyer will help you gather evidence and represent you in court if a lawsuit is necessary. You may be an employer with an employee complaining of a hostile work environment. If so, your lawyer will help ensure you take the proper steps to resolve the issue and avoid legal liability.
