Simone Lawson
A hostile work environment in California is defined as offensive or harassing behaviour that prevents an employee from comfortably carrying out their job duties. This includes discrimination, harassment, or any unwelcome conduct based on race, gender, sexual orientation, religion, and other protected characteristics. California law determines that a hostile work environment is present if there is severe or pervasive abusive conduct. This can include verbal, physical, and visual harassment, as well as environmental harassment, such as creating an unpleasant physical environment. Businesses in California are legally required to address hostile work environment situations responsibly and promptly. Employees who believe they are experiencing a hostile work environment can take several steps, including documenting incidents, reporting to human resources or upper management, and filing a complaint with the California Department of Fair Employment and Housing (DFEH).
| Characteristics | Values |
|---|---|
| Definition | Offensive or harassing behavior that prevents employees from comfortably carrying out their job duties |
| Early warning signs | Lack of morale among employees, abusive or aggressive employers, unchecked harassment among coworkers, unfairly high standards, uneven workloads, favoritism and nepotism, a high number of stress-induced health issues |
| Protected characteristics | Age, religion, gender, sex, marital status, color, national origin, disability, and other categories |
| Types of harassment | Verbal, physical, visual, environmental |
| Reporting | File a detailed complaint with the employer, file a complaint with the California Department of Fair Employment and Housing (DFEH), file a lawsuit |
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What You'll Learn
Offensive language and behaviour
Sexually explicit language, suggestive images, jokes, or discussions can also create a hostile environment, even if not intended to offend. This is considered unlawful conduct in the workplace. Threatening gestures or touching are further examples of offensive behaviour.
Verbal harassment, a form of hostile work environment, includes derogatory remarks, jokes, or insults based on protected traits. It also involves taunting, making threats, and offensive jokes or remarks. This behaviour must be motivated by one or more of the protected characteristics listed in California law, such as race, colour, religion, sex, gender, sexual orientation, etc.
Physical harassment is another form of hostile work environment, which involves unwanted or unsolicited touching, blocking of movement, or physical assault. It also includes creating an unpleasant physical environment, such as abusing heating controls or generating unpleasant noise to create an uncomfortable work environment.
Visual harassment is the third type of hostile work environment, which includes abusive visuals, emails, or body language that incites hostility.
To prove a hostile work environment claim, it is important to maintain a detailed record of abusive incidents, including dates, times, and witnesses. Reporting this behaviour to the appropriate department and seeking legal advice are crucial steps to take action against a hostile work environment in California.
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Discrimination and harassment
A hostile work environment is created by behaviours that are so severe or pervasive that they alter the conditions of employment and create an abusive work atmosphere. This includes discrimination, harassment, or any unwelcome conduct based on race, gender, sexual orientation, religion, and other protected characteristics under Section 12940(j) of the California Government Code.
There are three types of hostile work environments in California: verbal, physical, and visual. Verbal harassment includes derogatory remarks, jokes, or insults based on protected traits. It also includes offensive jokes directed at someone's race, gender, religion, disability, or age, and making lewd comments or unwanted sexual advances. Physical harassment involves unwanted, aggressive, or threatening physical contact, including unwanted touching, blocking movement, or physical assault. Visual harassment involves displaying sexually suggestive images, abusive visuals, emails, or body language that incites hostility.
If an employee believes they are experiencing a hostile work environment due to discrimination or harassment, they should first try to contact their company's Human Resources department. If going to HR does not resolve the situation, they can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). It is important to keep a detailed record of all incidents, including dates, times, involved parties, and how it impacted work performance. This documentation can be useful in supporting any legal claims that may arise.
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Unfair treatment
- Favoritism and Nepotism: While it is not illegal for an employer to show favoritism without discriminating against a protected class, it can still contribute to a hostile work environment. If an employer's favoritism results in discriminatory behaviour or creates an environment where certain employees are treated unfairly or feel uncomfortable, it may constitute a hostile work environment.
- Uneven Workloads and Harsh Reprimands: Unfairly distributing workloads or setting unrealistically high standards and then issuing harsh reprimands for not meeting them can contribute to a hostile work environment. This behaviour can cause employees stress and negatively impact their job satisfaction and performance.
- Discrimination and Offensive Language: Unfair treatment based on protected characteristics, such as race, gender, religion, disability, or age, is prohibited by state and federal law. This includes the use of offensive language, slurs, stereotypes, or derogatory remarks directed at an individual's protected characteristics. It is important to note that a single offensive comment may not necessarily create a hostile work environment, but if such language is constant and targets protected characteristics, it can contribute to a hostile atmosphere.
- Sexual Harassment: Unwanted sexual advances, sexual favour requests, and sexual acts of physical harassment are all forms of sexual harassment, which is unlawful. Additionally, displaying sexually suggestive images, discussing sexual activities, or making sexually suggestive jokes may contribute to a hostile work environment, even if there is no intent to offend.
- Intimidation and Bullying: Creating an intimidating or bullying environment, such as through threatening gestures, blocking an employee's movement, or generating unpleasant noise or extreme temperatures, can constitute a hostile work environment. This type of behaviour can make it difficult for employees to perform their job duties comfortably and safely.
- Inconsistent or Subjective Treatment: While this type of treatment may not always be overtly discriminatory, it can contribute to a "gray area" of hostile work environment claims. If the inconsistent treatment is based on protected characteristics or creates a pervasive and severe discriminatory atmosphere, it may rise to the level of a hostile work environment.
It is important to remember that minor isolated incidents or petty slights may not, on their own, constitute a hostile work environment under California law. However, documenting all instances of unfair treatment, including specific details and dates, is crucial for establishing a pattern of behaviour and building a case. Employees facing unfair treatment should also utilise their company's internal reporting procedures, typically by contacting the Human Resources department, to seek redressal for their concerns.
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Workplace bullying
California law considers the severity, pervasiveness, and overall context of the workplace to prove that a hostile work environment existed. The more severe, frequent, and unusual the bullying behaviour, the more likely it is that the victim was subjected to a hostile work environment for which California employers can be held legally liable.
If you are experiencing workplace bullying in California, there are several steps you can take to address the issue:
- Internal Reporting: Report bullying incidents to your immediate supervisor, human resources department, or other designated authority within the company.
- Documentation: Keep a detailed record of incidents, including dates, times, details, and any witnesses involved. This can support a potential legal claim.
- Filing a Complaint: If internal reporting does not result in a satisfactory resolution, you can file a complaint with relevant government agencies, such as the California Department of Fair Employment and Housing (DFEH) or the California Civil Rights Department (CRD).
- Legal Action: If the harassment rises to the level of a hostile work environment based on protected characteristics, you may have a legal claim. Consult an employment attorney to review your case and determine your legal options.
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Sexual harassment
In California, sexual harassment is broadly defined and strictly penalized. It can be perpetrated by supervisors, coworkers, or even people outside the organization, such as clients or contractors. Quid pro quo sexual harassment involves explicit or implied demands for sexual activity in exchange for employment benefits, such as promotions or raises. However, hostile work environment harassment can be committed by anyone and does not need to involve sexual harassment or even be related to sex or gender. It can be based on other protected characteristics, such as race, religion, disability, or age.
To address sexual harassment, employers are encouraged to take preventive measures, such as providing anti-harassment training and establishing a complaint process. They should also take immediate action when employees come forward with concerns. Employees are advised to inform the harasser that their behavior is unwelcome and should stop, and to notify their employer, ideally in writing. If the employer fails to address the issue, employees can file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).
It is important to note that isolated incidents or minor annoyances may not constitute illegality. For a workplace to be considered hostile, the behavior must be unwelcome, interfere with work performance, and occur regularly, even after being reported. However, depending on the severity, a single incident of sexual harassment can give rise to a valid claim.
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Frequently asked questions
California law defines a hostile work environment as offensive or harassing behaviour that prevents an employee from comfortably carrying out their job duties. This includes discrimination, harassment, or any unwelcome conduct based on race, gender, sexual orientation, religion, and other protected characteristics.
Some warning signs include a lack of morale among employees, abusive or aggressive employers, unchecked harassment among coworkers, unfairly high standards, and a high number of stress-induced health issues.
If you believe you are in a hostile work environment, the first step is to file a detailed complaint with your employer in writing via email to the human resources department. If there is no response or resolution, you can then file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Verbal harassment includes derogatory remarks, jokes, or insults based on protected traits, such as race, gender, religion, disability, or age. It also includes threats of violence or unwanted physical contact.
It is important to keep a detailed record of all incidents of harassment, including dates, times, what was said or done, and any witnesses. If possible, have others observe you telling the offender to stop their behaviour. You should also report the abusive behaviour to the appropriate department at work and seek legal advice if necessary.
