Hostile Work Environment Laws in California

Under California law (state and federal), you have employee rights that prevent hostile work environments, harassment, and discrimination in the workplace. If you are subjected to intimidating, degrading, or offensive working conditions, consulting with California employment lawyers can help you understand your rights. Strict laws are in place that prohibit any form of an abusive or toxic work environment in California, and all workers have to be treated equitably.

What Constitutes a Hostile Work Environment in California?

In California, a hostile work environment is defined by a few key factors. Essentially, it’s when behavior in the workplace becomes so persistent and severe that it affects someone's ability to do their job. This type of harassment can be based on things like race, gender, religion, age, sexual orientation, or disability. It can show up in different ways - whether through words, actions, or visuals - and if it continues long enough and is intense enough, it can create an environment that’s not only uncomfortable but also illegal.

Any time you fear for your safety or well-being on the job, it’s a serious issue that you shouldn’t have to face alone. Everyone deserves a safe and supportive work environment, and it’s important to feel empowered to fight back.

Examples of hostile work environments:

• Racial slurs or offensive jokes aimed at a person's color, ethnicity,  nationality, or perceived race:
  • Making derogatory comments or jokes about someone’s accent or skin color.
  • Using offensive terms to describe someone from a particular country or region.
• Sexual harassment, including inappropriate comments, gestures, or physical contact:
  • Making suggestive or explicit comments about someone’s physical appearance or their body.
  • Unwanted physical touch, such as rubbing, grabbing, or brushing against someone.
• Discrimination or hostile behavior toward someone based on that person’s religion or religious practices:
  • Mocking someone for wearing religious attire, such as a hijab, turban, or yarmulke.
  • Refusing to accommodate religious practices, like not allowing time for prayer or dietary restrictions.
• Age-based harassment, particularly against older employees:
  • Making derogatory comments about an older (40 years+) employee’s ability to use technology or learn new skills.
  • Telling jokes about people 40 and over, being “over the hill” or “past their prime.”
• Insulting or offensive remarks directed at individuals with disabilities:
  • Making inappropriate jokes about someone’s physical or cognitive disabilities.
  • Using offensive terms like "crippled" or "slow" to describe someone.
• Prejudice and discrimination directed toward members of the LGBTQ+ community:
  • Using derogatory slurs or making negative comments about someone’s sexual orientation or gender identity.
  • Refusing to use someone’s preferred pronouns or making dismissive remarks about their gender identity.

Behavior like this creates a tense and uncomfortable atmosphere at work, and it can be fully traumatizing to the emotional and mental health of those who experience it.

Are There Laws Against Hostile Workplaces?

Yes, both California state laws and federal laws prohibit employers from allowing or tolerating hostile work environments. Some of the key laws that protect employees include those listed below:

These laws mandate that California employers adopt and enforce zero-tolerance policies for harassment. Employers with a certain amount of employees (usually 5) must also provide sexual harassment and abusive conduct prevention training to employees and establish procedures for handling complaints. When workplace harassment violates the law, employers can face significant liability. 

Continue reading to learn how to report a hostile work environment in California and how Consumer Attorneys can help you today!

What Factors Must I Prove to Show a Hostile Work Environment?

Typically, to legally prove the existence of a hostile work environment in California, you must demonstrate several factors, including the ones mentioned below, among others.

Protected Class Membership

You must belong to a group that is protected from discrimination based on factors like sex (including pregnancy), gender identity, sexual orientation, race, color, national origin, religion, age (40 and older), disability, military status, ancestry, ethnicity, and genetic information (family and medical history).

Harassment Happened

You’ll need to show that the harassment occurred and was linked to a protected characteristic, like your gender, race, or religion. This helps establish the foundation of your claim.

Severity and Frequency

The behavior must have been either severe or ongoing to create a hostile or offensive work environment. While occasional teasing or isolated incidents might not always meet the legal standard, it’s still a good idea to discuss these with a lawyer to see if you might have a case.

Reasonable Person Standard

The situation should be such that a reasonable person in your shoes would also find the environment hostile or abusive.

Employer Responsibility

It’s important to show that your employer didn’t take reasonable steps to stop or address the harassment after you reported it. Employers are expected to take action to prevent and correct harassment in the workplace.

Are Employers Responsible for Workplace Environments?

Yes, employers in California have legal obligations to ensure that the workplace is free from harassment and hostile working conditions. According to the law, employers are responsible for the actions of employees, supervisors, and managers who may be harassing others in the workplace.

Additionally, California employers must take proactive steps to stop and promptly address hostile workplace situations. 

One important step employers should take is creating clear, written policies against harassment that communicate a zero-tolerance stance. In addition, the law requires employers with a certain number of workers (usually five or more) to provide harassment training for employees and supervisors. In California, this training needs to happen every two years to help prevent and address harassment. Employers also need to have clear procedures in place for handling complaints.

When an employer doesn’t take action to fix a hostile work environment, they can be held responsible for allowing the harassment to continue. If you believe your employer hasn’t done enough to address the situation, you may have grounds for legal action.

What Should I Do If I Work in a Hostile Work Environment?

If you find yourself in a hostile work environment or even questioning, “What is a hostile work environment in California,” you should consider the following steps.

Steps to File a Hostile Work Environment Complaint

Report the Problem to HR

Reporting hostile work environments can be uncomfortable, but as long as you follow the procedures set in place, you are covered by the law. Follow the company’s procedures for reporting harassment. Most companies (not all) have policies that require employees to report harassment to the Human Resources (HR) department or a designated individual.

Document Everything

Maintain a thorough record of every occurrence of harassment and discrimination, including all days, times, where it happened, and the specific behavior that occurred. Also, write the names of any witnesses who may have seen or heard the harassment.

Gather Witness Statements

If there were any witnesses around when the harassment took place, ask them to provide statements in writing. Witness testimony is powerful evidence when filing a claim.

File a Complaint with CRD (formerly DFEH)

In California, you have up to three years to file a complaint with the California Civil Rights Department (CRD). Filing this complaint is the first step in initiating a formal investigation.

Consult an Employment Lawyer

If you work in a California hostile work environment, you should talk to someone with experience. Talk with a lawyer who has employment law experience to assess your legal options. A lawyer will assist you during the complaint process and determine if you are eligible for money due to the malicious and hostile workplace you’ve had to endure. 

What Happens After I File a Complaint?

Subsequent to filing a complaint with the California Civil Rights Department (CRD) formerly known as, DFEH, you should be aware of the following process:

Spending time in a hostile work environment can take a serious toll on both your emotional and physical well-being. Having the support of experienced attorneys who understand your situation can significantly impact your outcome. With proper legal guidance, you’ll feel empowered to start the process with confidence. Your lawyer will collaborate with you to seek compensation for the harm you’ve suffered and ensure that the hostile work environment comes to an end. 

Contact Our CA Employment Lawyers!

Have you experienced a hostile work environment in California? Our team of employment lawyers is ready to help. We have assisted countless employees who have faced abusive workplace conditions, and we are prepared to fight for your rights.

Call us for a consultation with no hidden fees. Our attorneys will carefully analyze your situation, explain your legal recourse, and help you get the compensation and justice you deserve. Don’t wait - stand up for your rights and demand the respect you’re entitled to. Contact us now and take the first step toward requiring a fair and safe work environment.