What is a Hostile Work Environment Under California Hostile Workplace Laws?
Los Angeles Hostile Work Environment Lawyers on Sexual Harassment in the Workplace
In California, a hostile work environment typically refers to a workplace in which sexual harassment is present, severe, distracting to the victim’s job duties, physically threatening or unrelenting. Sexual harassment in the workplace can come in the form of inappropriate comments, touching, the asking of sexual favors or offensive jokes.
For a workplace to be considered a hostile work environment in California, the presence of harassment must be pervasive to the point that the victim and others find it abusive and feel threatened.
If you have fallen victim to serious sexual harassment in the workplace and feel uncomfortable, oppressed or afraid to show up to work for fear it will continue, our Los Angeles hostile work environment lawyers will defend your California employee rights, help you collect back wages for any damages and work toward your safety. For a free consultation, speak with the Los Angeles employment attorneys of the employment law firm Kesluk, Silverstein & Jacob.
California Hostile Work Environment Definition
When a Los Angeles employment attorney files a hostile workplace lawsuit, the court may consider the following:
- Was the harassment based on a protected characteristic, such as age, gender or race discrimination?
- How severe or physically threatening was the harassment in the workplace?
- How frequently did the workplace harassment occur?
- Were there any witnesses to the discrimination or harassment?
- Did the inappropriate conduct distract the victim from job responsibilities?
- Was the harassment evasive, both objectively (a “reasonable” person would find it harassing) as well as subjectively (you find it harassing)?
- Did you report the incidences to management? How did your employer respond?
- Did the harassment affect the work performance of the victim?
During a hostile workplace lawsuit, the court is careful to take into account the degree, frequency and nature of the harassment. Not all unpleasant or sub-par work environments may pose a threat level high enough for consideration as a hostile work environment in California.
However, if you have been subjected to unwelcome sexual harassment in a California workplace and it has affected your conditions of employment, there are a few actions you can take to help the process of filing hostile work environment claims.
How to Prove a Hostile Work Environment in California
- Report the activity to your manager or employer as soon as possible. In most cases, especially if the abuser is a co-worker, there are steps management can take to cease discrimination or harassment in the workplace, and ensure it will not continue.
- Take detailed notes of the date you reported the events, and the action (or lack of action) that management took toward reaching a solution. Your record of events could be used as evidence if management is unresponsive.
- If you have reported the workplace harassment, and the hostility in the workplace continues, then begin to gather witnesses. Speak with others to determine whether they have experienced first-hand any of the inappropriate behavior, or have witnessed it happening to you or other employees. Having witnesses can be a crucial tool to a California hostile work environment case. They can advocate for the frequency and severity of the workplace discrimination or sexual harassment, and give the court an objective perspective on the situation.
- If you have pursued solutions with management, and workplace hostility has continued, do not wait to seek legal help. Speak with our Los Angeles employment attorneys. Our Los Angeles hostile work environment lawyers can guide you through the process of filing a hostile work environment claim for your damages. If you have not yet approached your employer, speak with the Los Angeles employment attorneys of Kesluk, Silverstein & Jacob for free legal advice on how best to proceed.
Remember, workplace retaliation in California is unlawful, and your employer may not treat you unjustly for confronting workplace hostility. The actions you take following hostility in the workplace can drastically affect the outcome of your harassment case. You can trust you will make the right moves under the guidance of hostile work environment lawyers at the Los Angeles employment law firm of Kesluk, Silverstein & Jacob.
Los Angeles Attorney Handling California Hostile Workplace Law Claims
Typically, workers may file hostile workplace lawsuits when issues of severe sexual harassment in the workplace arise. However, if you feel you have experienced considerable aggression, threats or hostility on the basis of your race, age, national origin, disability or another protected characteristic, our hostile work environment lawyers can assist in assessing your hostile work environment claim. Call (310) 273-3180 to speak with the Los Angeles employment attorneys of Kesluk, Silverstein & Jacob for a free consultation regarding California discrimination laws.
We only focus our law practice on employment law. Our attorneys are dedicated to seeing your employee rights, work life and future opportunities respected in the California workplace.