Understanding California’s “hostile work environment” law

California is known for its strong employee protection laws, including its law against creating a “hostile work environment.” This law is designed to protect employees from harassment and discrimination, and it is important for both employers and employees to understand how it works.

What is a Hostile Work Environment?

A hostile work environment is a workplace where an employee feels uncomfortable, intimidated, or harassed due to their race, gender, sexual orientation, religion, age, or any other protected characteristic. This can include verbal or physical harassment, such as offensive jokes, slurs, or physical touching. It can also include nonverbal behavior, such as glaring, staring, or making gestures that are offensive or intimidating.

California’s Law Against Hostile Work Environment

California law makes it illegal for an employer or coworker to create a hostile work environment. Specifically, California’s Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination on the basis of race, color, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, or disability.

The FEHA applies to all employers in California with five or more employees, including government agencies and nonprofit organizations. Employers are required to take reasonable steps to prevent harassment and discrimination, and they can be held liable if they fail to do so.

What Constitutes a Hostile Work Environment?

To prove a hostile work environment claim under California law, an employee must show that:

• The conduct was unwelcome
• The conduct was based on a protected characteristic
• The conduct was severe or pervasive enough to create a hostile or abusive work environment
• The conduct was either carried out by a coworker or supervisor, or the employer knew or should have known about the conduct and failed to take prompt and effective corrective action
• It is important to note that a single incident of offensive behavior is usually not enough to constitute a hostile work environment. However, a pattern of behavior that creates a hostile work environment can be considered illegal.

What Should Employers Do?

Employers in California should take proactive steps to prevent and address harassment and discrimination in the workplace. This can include:

• Adopting a clear policy against harassment and discrimination
• Training employees on the policy and what constitutes unacceptable behavior
• Investigating all complaints of harassment or discrimination promptly and thoroughly
• Taking appropriate disciplinary action against employees who violate the policy
• Creating a culture of respect and inclusion in the workplace
• By taking these steps, employers can help prevent a hostile work environment from occurring and protect their employees from harassment and discrimination.

Employees who experience a hostile work environment in California have options for seeking redress. They can file a complaint with the California Department of Fair Employment and Housing (DFEH) or file a lawsuit in court.

If an employee files a complaint with the DFEH, the agency will investigate the claim and may attempt to mediate a resolution between the parties. If mediation is unsuccessful or the parties are unable to reach a settlement, the DFEH may file a lawsuit on the employee’s behalf or issue a “right to sue” letter, which allows the employee to file a lawsuit on their own.

If an employee files a lawsuit in court, they can seek damages for lost wages, emotional distress, and other harm caused by the hostile work environment. They may also seek injunctive relief, which requires the employer to take specific actions to prevent the behavior from continuing.

As a legal team, at David Myers, we can provide assistance and guidance to individuals who believe they have experienced a hostile work environment in California. We have extensive experience in employment law and can help clients understand their rights under the law, assess the strength of their case, and develop a strategy for seeking redress.

We can help clients file complaints with the California Department of Fair Employment and Housing (DFEH), negotiate with employers to reach a settlement or file a lawsuit in court if necessary. We provide legal representation throughout the process, including advocating for clients during mediation or court proceedings.

We can help employers understand their obligations under the law and develop policies and procedures to prevent harassment and discrimination in the workplace. By working with employers to create a culture of respect and inclusion, we can help prevent hostile work environments from occurring and protect both employers and employees from legal liability.

As a legal team, we can be a valuable resource for anyone seeking to understand California’s “hostile work environment” law and how it applies to their particular situation. With our expertise and guidance, individuals can seek justice and employers can create a workplace that is safe and inclusive for all employees.