Workplace Harassment & Hostile Work Environment
Harassment and Hostile Work Environment: Legal Rights and Remedies
Workplace harassment can occur when an employee is subjected to unwelcome conduct because of a legally protected characteristic. Harassment may take many forms, including offensive comments, slurs, unwanted touching, threatening behavior, inappropriate images, or other verbal, visual, or physical conduct.
Not every unpleasant workplace interaction is unlawful harassment. California and federal employment laws generally focus on conduct connected to protected characteristics such as race, sex, gender, age, disability, religion, national origin, sexual orientation, and other characteristics protected by law.
What Is Workplace Harassment?
Workplace harassment is unwelcome conduct based on a protected characteristic that can interfere with an employee's working environment or employment. California's Civil Rights Department provides information about protected characteristics and employment harassment.
Harassment can be verbal, visual, physical, or a combination of different types of conduct. It may come from a supervisor, manager, coworker, or in some circumstances a customer, client, or other nonemployee.
Sexual harassment is one form of unlawful workplace harassment. Employees dealing specifically with sexual conduct can also review JLG Lawyers' sexual harassment information.
Examples of Workplace Harassment
Depending on the circumstances and the reason for the conduct, examples of workplace harassment may include:
- Racial slurs, offensive jokes, or stereotypes
- Sexist or gender-based comments or jokes
- Unwanted sexual advances or touching
- Mocking an employee's religious beliefs or practices
- Age-related insults or repeated comments directed at workers age 40 or older
- Disability-related insults, mocking, or offensive conduct
- Offensive posters, images, messages, or other visual materials
- Threats or intimidation connected to a protected characteristic
- Repeated offensive comments about an employee's race, national origin, accent, gender, sexual orientation, or other protected characteristic
The EEOC's workplace harassment guidance provides additional examples of conduct that may violate federal anti-discrimination laws.
What Is a Hostile Work Environment?
A hostile work environment may exist when harassment based on a protected characteristic becomes sufficiently severe or pervasive to alter working conditions or create an intimidating, hostile, or offensive work environment.
The analysis depends on the totality of the circumstances. Courts may consider the nature of the conduct, how frequently it occurred, its severity, who engaged in it, and how it affected the employee's working environment.
Importantly, California law does not require harassment to happen repeatedly in every case. California Government Code Section 12923 recognizes that a single incident can be sufficient to create a triable hostile-work-environment issue when the incident is sufficiently serious.
When Is Workplace Harassment Illegal?
Not every rude supervisor, personality conflict, workplace disagreement, or unfair interaction amounts to unlawful harassment.
For a harassment claim under California's Fair Employment and Housing Act, the conduct generally must be connected to a characteristic protected by law. California's protected characteristics include race, color, ancestry, national origin, religion, age for workers 40 and older, disability, sex, gender, sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, military or veteran status, and other characteristics protected by statute.
For example, repeated insults from a supervisor may be inappropriate without necessarily violating anti-discrimination law. If those insults target an employee because of race, gender, disability, religion, age, or another protected characteristic, the legal analysis changes.
Employees experiencing race- or national-origin-based harassment can also review JLG Lawyers' race and national origin discrimination page.
Who Can Be Responsible for Workplace Harassment?
Employer liability can depend on who committed the harassment and the circumstances.
Under California law, an employer can be held responsible for unlawful harassment committed by a supervisor. Different rules apply when harassment is committed by a coworker or certain nonemployees. In those situations, whether the employer knew or should have known about the harassment and whether it took immediate and appropriate corrective action can be important.
This is one reason reporting harassment can matter. Giving an employer notice may create an opportunity to investigate and correct the conduct while also documenting that the employer was made aware of the problem.
Protection Against Retaliation
California law also protects employees from retaliation for opposing or reporting conduct they reasonably believe violates workplace discrimination or harassment laws and for participating in certain investigations or proceedings.
Potential retaliation can include termination, demotion, reduced hours, reduced pay, unfavorable scheduling, unjustified discipline, or other adverse actions taken because an employee exercised protected rights.
If your treatment changed after you reported harassment, see JLG Lawyers' workplace retaliation guide.
What Should You Do If You Experience Workplace Harassment?
The appropriate response depends on the circumstances, but several steps can help preserve a clearer record of what happened.
- Document incidents with dates, approximate times, locations, witnesses, and specific details
- Keep relevant emails, text messages, performance reviews, or other communications you are lawfully entitled to retain
- Review your employer's harassment and complaint policies
- Consider reporting the harassment to HR, management, or another designated person in writing
- Keep a record of what happened after you reported the conduct
- Consider speaking with a California employment attorney about your specific circumstances
California employees can also review the Civil Rights Department complaint process for information about filing an employment discrimination or harassment complaint with the state.
What Evidence Can Help Show a Hostile Work Environment?
Hostile-work-environment claims often depend heavily on context. Useful evidence may include:
- Emails, text messages, workplace chats, or other written communications
- Contemporaneous notes describing incidents
- Names of coworkers who witnessed relevant conduct
- Written complaints to supervisors, HR, or management
- The employer's responses to complaints
- Performance reviews or disciplinary records showing changes after a complaint
- Relevant workplace policies or training materials
The goal is generally to preserve an accurate factual record rather than attempting to build a legal case on your own.
What Legal Remedies May Be Available?
Remedies depend on the claims, evidence, and circumstances of the case. California's Civil Rights Department identifies potential employment-discrimination remedies that can include back pay, front pay, reinstatement, out-of-pocket expenses, emotional distress damages, punitive damages, attorney fees and costs, and certain nonmonetary relief.
If harassment leads to termination or contributes to an employee being forced out of a job, other employment claims may also be relevant. Employees who were fired can review JLG Lawyers' wrongful termination page.
Frequently Asked Questions About Workplace Harassment
Does One Incident Count as a Hostile Work Environment in California?
It can. California law recognizes that a single incident of harassment may be sufficient when the conduct is serious enough to unreasonably interfere with the employee's work or create an intimidating, hostile, or offensive working environment. Whether an incident qualifies depends on the circumstances.
Does Workplace Harassment Have to Be Sexual?
No. Unlawful harassment can be based on race, religion, national origin, disability, age, sex, sexual orientation, gender identity, and other protected characteristics. Sexual harassment is only one category of workplace harassment.
Is a Rude or Abusive Boss Automatically Creating a Hostile Work Environment?
Not necessarily. Employment discrimination laws generally do not prohibit ordinary personality conflicts, rude behavior, or unfair management by themselves. For a discrimination-based hostile-work-environment claim, the harassment generally must be connected to a legally protected characteristic.
Can a Coworker Create a Hostile Work Environment?
Yes. Unlawful harassment can come from coworkers as well as supervisors. When a coworker is responsible, whether the employer knew or should have known about the conduct and failed to take appropriate corrective action can be important to employer liability.
Can I Be Fired for Reporting Workplace Harassment?
An employer cannot lawfully retaliate against an employee because the employee engaged in activity protected by California anti-discrimination laws, such as opposing unlawful harassment or participating in certain investigations or proceedings. The facts surrounding the report and later employment action matter.
Where Can I Report Workplace Harassment in California?
Employees may report harassment through their employer's internal procedures and, when the conduct falls within its jurisdiction, through the California Civil Rights Department. Federal discrimination and harassment matters may also fall within the jurisdiction of the Equal Employment Opportunity Commission.
Contact JLG Lawyers
If you are experiencing workplace harassment or believe you have been subjected to a hostile work environment because of a protected characteristic, JLG Lawyers can help you evaluate what happened and understand the options that may be available.
JLG Lawyers represents California employees, not employers, in harassment, discrimination, retaliation, wrongful termination, and related employment matters.
Book a free consultation with JLG Lawyers to discuss your situation.
This article provides general information about California employment law and is not legal advice.