Understanding California’s Hostile Work Environment Laws

Dealing with a hostile work environment, either due to discrimination, harassment, or other unwelcome behavior, can be detrimental to your productivity. If you feel unsafe or uncomfortable at work, it is essential to understand that California offers strong protections for employees affected by hostile workplaces. This means you can take action against workplace discrimination or harassment, including filing a formal complaint with the state. But what exactly is a hostile work environment, and how can you protect yourself? Read on to learn more.

What is a Hostile Work Environment in California?

A hostile work environment in California is a workplace where behaviors are so severe or pervasive that they negatively impact your ability to do your job. This might include harassment or discrimination based on race, gender, religion, sexual orientation, and other protected characteristics under California law. Some examples of a hostile work environment include:

• Repeated verbal abuse: Use of insults, threats, slurs or other abusive language
• Exclusion: Being purposely left out of meetings, opportunities, or work events.
• Bullying and intimidation: Threats, work sabotage, or negative social media posts targeting others.
• Physical harassment: Unwanted touching, assault, or blocking someone’s movement
• Sexual harassment: Inappropriate comments, advances, or physical actions.
• Environmental harassment: Manipulating environmental factors like lighting, A/C, or noise to make the workplace uncomfortable.

Your Rights in a Work Environment

Under state and federal law, you have the right to work in a safe environment, free from harassment and discrimination. In California, this right is protected by the FEHA and Title VII of the federal Civil Rights Act. Employers must create and maintain a work environment where employees are not subjected to hostility or abuse based on their race, gender, religion, or other protected characteristics. As an employee in California, your rights include the following:

• A safe work environment: Regardless of position, you have the right to work in a safe environment.
• Protection from discrimination and harassment: You are protected from harassment based on characteristics such as race, gender, or religion
• Protection from retaliation: The law prohibits retaliation against employees who file complaints or participate in investigations related to hostile work environments.
• Right to file a complaint: If you’re subjected to a hostile work environment, you can report the issue to the California Civil Rights Department (CRD) or other relevant authorities.

Steps to Take if You are Facing a Hostile Work Environment

If your workplace has become hostile, you can take a few actions to protect yourself and assert your rights.

• Identify the hostile behavior: Look for patterns of harassment or discrimination by asking yourself: Is the behavior consistent? Is it severe enough that it is affecting your work performance? 
• Document everything: Keep a record of discrimination or harassment, noting the dates, times, and descriptions of each event. If there are witnesses, ask them to provide statements of their observations.
• Report to HR: Speak to HR about the issue. Reporting gives your employer a chance to address the problem and shows you followed proper steps in case you need to take legal action.
• File a complaint with the CRD: If reporting to HR does not resolve the issue, or you feel unsafe doing so, you can file a complaint with the CRD. 
• Consult an attorney: An employment law attorney can help you understand your options and guide you through filing a complaint, whether through your employer or the CRD.

Contact a California Employment Lawyer Today

If you believe you are experiencing a hostile work environment, contact an experienced California employment lawyer today to discuss your case.