Hostile Work Environment & Workplace Harassment

Understanding your rights

California law prohibits harassment based on a protected characteristic. A hostile work environment generally exists when that harassment is severe or pervasive enough to change the conditions of the job and create an intimidating, hostile or offensive place to work.

Protected characteristics include:

• Race & color
• National origin & ancestry
• Religion
• Sex & gender
• Gender identity & expression
• Sexual orientation
• Age (40 and over)
• Physical or mental disability
• Medical condition
• Pregnancy
• Marital status
• Military & veteran status

California takes these claims seriously. A single incident can be enough, an employee does not need to show that their work suffered, and comments by coworkers or by people who did not make employment decisions can still matter. The standard is the same no matter what kind of workplace it is.

Who can be responsible

Employers are generally responsible for harassment by supervisors. When harassment comes from a coworker, client or customer, an employer can be responsible if it knew or should have known about the conduct and failed to take immediate and appropriate corrective action. The individual who harasses can also be held personally liable.

Matters we handle

• Slurs, insults or “jokes” about race, religion, national origin or another protected trait
• Mockery of an accent, faith, disability or age
• Threats, intimidation or humiliation at work
• Offensive images, messages, emails or posts
• Harassment by a supervisor, coworker, client or customer
• An employer that ignored complaints or failed to investigate
• Retaliation after reporting harassment (see Retaliation)
• Being pushed to quit because conditions became intolerable (see Wrongful Termination)

How the firm can help

1. 01

   Document the pattern

   Put together the timeline: what happened, who was involved, who knew, and how the employer responded.

2. 02

   Build the record

   Gather the facts, the complaints made and how the employer responded.

3. 03

   Prepare for trial

   Every case is built from day one as if it will go before a jury.