Federal Court Allows Hostile Work Environment Claim

A manicurist has won their appeal on a claim of the creation of a hostile work environment in federal court. This case is a reminder to employers and employees that workers do not have to tolerate working conditions that expose them to sexual harassment or other types of harm. If you believe that your employer is creating a hostile working environment, talk to an experienced employment law attorney in your area today.

Facts of the Case

In this case, a male manicurist was working in a salon when he was sexually propositioned by a customer. He immediately reported the incident to his manager, who told the employee to return to the customer and finish their work. The employee finished with the customer and after they left, the employee returned to their manager to discuss the incident. Their manager dismissed the employee and told them that they would discuss it later, but that never occurred. The employee sued, claiming that the employer created a hostile work environment under Title VII.

The federal trial court found in favor of the employer at the summary judgment stage, dismissing the claim; however, the employee won on appeal. They found on appeal that the employer may have created a hostile work environment when the manager failed to take immediate corrective action after the employee reported the sexual harassment by a third party. However, they concluded that other instances, such as occasional comments from the manager and coworkers, was not enough to warrant a hostile work environment claim. The appellate court remanded the case back to the trial level and instructed the trial court to consider the cumulative effect of the manager’s actions along with other related comments about the incident.

California Hostile Work Environment

In California, a hostile work environment is defined as behavior in the workplace that is either so severe or pervasive that it creates an abusive environment for workers. This is prohibited under the state Fair Employment and Housing Act as well as Title VII under federal law. A hostile work environment can be sexual harassment as well as non-sexual harassment based on gender, race, disability, religion, and other characteristics. A hostile work environment can be created by a supervisor, coworker, customer, or others that engage with the workplace.

A hostile work environment must have pervasive behavior or a single instance that is so severe it alone is enough to create a hostile working environment. It is not enough if the behavior is occasional, isolated, trivial, or sporadic. To learn more about whether the specifics of your case rise to the state or federal definitions of a hostile working environment, talk to a lawyer today.

Call or Contact an Attorney Now

Have you or someone that you know been subjected to harassment in the workplace? If so, an experienced and knowledgeable California employment law attorney may be able to help you file a hostile work environment claim against your employer. Call or contact a lawyer in your area today to schedule an appointment to discuss your case.