What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

By Douglas Wade, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. What makes a workplace a hostile work environment?

2. How Does California Define a Hostile Work Environment?

3. In the Event of a Harassment at Work, What Protections Do You Have?

4. What Can You Do When Faced with a Hostile Workplace?

5. The Steps to Take When Reporting a Hostile Workplace

6. What Could Happen If You File a Formal Complaint?

7. FAQs

8. Take precautions against hostile work environments

What makes a workplace a hostile work environment?

Every day can be a struggle when you have to deal with a hostile workplace where unwanted behavior gets in the way of your productivity. Your mental health and your ability to keep your job are both put at risk when you work in an abusive and hostile environment.

Employees in California who have been victims of hostile work environments have legal recourse. If you are a victim of workplace harassment or discrimination, you have the right to take legal action, such as registering a formal complaint with the state.

Learn about your rights in the event of a hostile work environment and how an employment attorney in California can assist you in bringing a claim to protect your job and pursue financial compensation.

How Does California Define a Hostile Work Environment?

When actions are so severe or widespread that they change the terms of employment and foster an abusive atmosphere, it is considered a hostile work environment in California. This includes unfair treatment, bullying, or any unwanted behavior based on gender, religion, race, sexual orientation, and other protected traits according to Section 12940(j) of the California Government Code.

When employees consistently encounter attitudes and actions that hinder their ability to do their jobs, we say that the workplace is hostile. Here are a few examples of work environments that are hostile:

Verbal abuse that is either severe or occurs frequently: Verbal or physical abuse, including the use of obscene or threatening language.
Harassment that involves physical force: Harassment includes physical contact, obstruction of movement, or unwanted touching.
Sexual harassment: The use of sexually suggestive language, requests for sexual favors, and physical harassment.
Leaving certain people out: Keeping people out of meetings, preventing them from participating in workplace activities, or otherwise cutting them off from professional opportunities.
Bullying and intimidation: The use of threats, abusive emails or chats, sabotage of company efforts, or defamatory social media posts directed at a coworker.
Environmental harassment: Creating an unpleasant work environment for employees by using lights that are too dim or distracting, turning the air conditioner or heater on and off too much, or making too much noise.

In the Event of a Harassment at Work, What Protections Do You Have?

Under federal and state toxic work environment laws, California provides legal protection against hostile workplaces. Employers are required by law to provide a safe workplace free from harassment and other forms of abuse, as outlined in Title VII of the United States Civil Rights Act and the Fair Employment and Housing Act (FEHA) of California.

Therefore, businesses in California and related organizations are prohibited from engaging in protected category harassment towards any of their workers, job hopefuls, volunteers, interns, or contractors. The law is also applicable in cases where another employee is found to be responsible for fostering an unhealthy work environment.

The state guarantees its employees the following rights and protections:

The right to a safe workplace: From entry-level workers to C-suite executives, everyone in California has the right to an environment free from discrimination and harassment.
Protections against harassment and discrimination: It is illegal to treat someone differently because of their gender, race, religion, ethnicity, or any other legally protected trait.
The ability to bring a claim regarding an abusive work environment: It is your right to report instances of workplace harassment or abuse to the appropriate authorities, including the California Civil Rights Department (CRD).
Safety from reprisal: No one can legally punish you for reporting wrongdoing or helping with an investigation if you follow the rules.

What Can You Do When Faced with a Hostile Workplace?

There are steps you can take to safeguard yourself in the event that you encounter abusive treatment, harassment, or any other manifestations of a hostile work environment. To keep track of what happened and know your rights, follow these steps:

Determine the form of mistreatment. To determine if your experience constitutes a violation of California workplace laws, you should search for extreme or persistent patterns of harassment, abuse, or discrimination, as described in FEHA. Talk to an attorney who specializes in employment law if you need help figuring out what to do next.
Record any signs of hostility. Document every instance of hostility that adds to an abusive work environment. To begin, set aside a specific place and time to record all incidents, along with a detailed account of what happened and who was involved.
Gather as much proof as you can to back up your claims, including emails, messages, and video footage. Jot down direct quotations from supervisors or coworkers, and see if anyone who saw the abuse is willing to give their name, number, and story.
Update HR. Get in touch with the HR department at your company and explain everything that happened to them. Back up your claim with the evidence you’ve gathered. If the matter goes to a CRD investigation or litigation, having your employer handle the situation and document it will help your case.
Notify the CRD. After reporting the hostile work environment to human resources, if the signs persist or if doing so would put you in danger, you should proceed to file a claim against your employer with the CRD.
Consult a lawyer. To learn more about your rights, options, and possible compensation, you should speak with an employment law attorney in California. From navigating your company’s HR department to notifying the appropriate authorities, an attorney can help you through it all.

The Steps to Take When Reporting a Hostile Workplace

If you feel that your employer has violated your rights as an employee or has engaged in hostile work environment, you can easily file a complaint with the CRD to have them held accountable. Here are the steps to follow in order to report a hostile work environment:

Collect all relevant data and proof. Gather all of the information you need before submitting a formal complaint. This includes the witness’s identity and contact information, any relevant paperwork or evidence, and the name and contact information of the individual or organization you feel discriminated against you.
Determine your filing approach. If you would like to submit an intake form to the CRD, you can do it in one of three ways: either by creating an account online through the Cal Civil Rights System (CCRS), by mailing in a printable form, or by calling the number provided on the CRD’s contact page.
Familiarize yourself with the schedule and prerequisites. If the incident occurred on the job, you have three years from the date of the incident to file a claim. The deadline for filing other types of cases is one year. You should ask the CRD for a Right-to-Sue notice if you plan to sue directly.
Stay tuned for the results of the CRD evaluation and what comes next. Following submission, the CRD will review your intake paperwork to ascertain whether the claims are subject to the civil rights statutes it administers. After reviewing your complaint, CRD will email the accused discriminator a formal complaint form that you must sign and return.
For matters involving violations of both federal and state laws, CRD has a cross-filing agreement with the Equal Employment Opportunity Commission. It is unnecessary for you to get in touch with both of them. The CRD and the EEOC are both notified when an employee files a complaint about a hostile work environment.

What Could Happen If You File a Formal Complaint?

Depending on your individual circumstances, the following may happen after you submit a complaint with the CRD:

Services for mediation. In order to help you and your employer come to a mutually acceptable agreement and end the matter, the CRD will often provide mediation services.
Gathering information and making a decision. In the event that mediation does not take place or is unsuccessful, the CRD will conduct its own investigation into your allegations to ascertain if any violations of your civil rights occurred.
Dismissal. The CRD will reject your claim if the evidence is insufficient to back it up. You should consult a California employment attorney about your options for pursuing monetary damages in a civil court.
Corrective actions. The CRD can take remedial action, such as filing a lawsuit, if they find sufficient proof of a civil rights violation.

If you would like to pursue the matter independently in civil court, you can also ask the CRD for a Right to Sue notice. To help you through it all and fight for your rights in court, you should consult with an attorney who specializes in employment law.

FAQs

1. What makes a work environment hostile?

According to California law, a hostile work environment exists when employees are subject to frequent and severe harassment that has a negative effect on their health and productivity. The characteristics of the harassing behavior must be connected to legally protected classes, including but not limited to age, sexual orientation, gender, and race.

2. What should you do if you think your workplace is hostile?

Start and keep a detailed log of all instances of harassment, and collect as much evidence as you can about them. Documents, conversations, and recordings of all kinds (video and audio) fall into this category. Include the time, place, and details of the incidents, including who was involved, as well as the date and time.

3. How do I report a hostile workplace?

If you would like to try to resolve the matter internally at work, you should contact the HR department. Get in touch with the California Civil Rights Department and submit a complaint using their online form if the abuse continues. For further advice, talk to a seasoned employment attorney.

Take precautions against hostile work environments

To exercise your rights and get compensation if you have been the victim of harassment or abuse in a hostile work environment in California, you must get legal counsel. To find out whether the hostile work environment infringed on your civil rights, you should consult with an experienced employment attorney in California who can assist you in gathering evidence, reviewing the facts, and weighing your options.

If you have a case, they can assist you in contacting the appropriate parties and obtaining the financial compensation you are due for your suffering, physical harm, mental anguish, and other related losses.

Have a quick question? We answered nearly 2000 FAQs.

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What Qualifies as a Hostile Work Environment in California?

What makes a workplace a hostile work environment?

How Does California Define a Hostile Work Environment?

In the Event of a Harassment at Work, What Protections Do You Have?

What Can You Do When Faced with a Hostile Workplace?

The Steps to Take When Reporting a Hostile Workplace

What Could Happen If You File a Formal Complaint?

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