Identifying Signs Of A Hostile Work Environment In California

In this article, you can discover…

• How a hostile work environment is defined in California.
• How you can gather evidence of a hostile work environment.
• How an attorney can help you handle your case successfully and discreetly.

What Constitutes A Hostile Work Environment In California?

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.

How can you identify a legally hostile work environment? If your boss is loud and bombastic, and this makes you uncomfortable due to an anxiety disorder, this wouldn’t really qualify as a strong case.

But say your loud, bombastic boss has stressed you out to the point of you seeking therapy, and he is presented with a written letter from your therapist to be quieter around you. If he continues to yell or mock you for your condition, this would constitute a hostile, harassing, and intimidating work environment in light of his knowledge of your condition.

California laws covering wrongful termination, discrimination, and failure to prevent discrimination can be used to help protect you from a hostile work environment.

Likewise, your medical conditions in the workplace are protected under the Americans with Disabilities Act and California State Law, giving you the right to file a claim if you feel you’ve been illegally mistreated or discriminated against.

How Do I Gather Evidence Of A Hostile Work Environment, Particularly With Nonverbal Offenses?

You need to be able to demonstrate a pattern of unwelcome and hostile behavior. This is often done through reviewing workplace cameras, emails, and conducting interviews with witnesses to this behavior.

An attorney can be immensely helpful in presenting your case to an employer and seeking damages or a settlement. This is especially true if the hostile behavior is non-verbal, as these kinds of behavior can be subtle.

In such instances, your attorney may also request and review previous complaints, letters to human resources, and disciplinary documentation to help prove a pattern of uncomfortable behavior.

What Steps Should I Take If I Suspect A Hostile Work Environment?

Be sure to make an initial complaint via email with human resources at your workplace. Email is especially helpful in this case, as it creates a record of your complaint and the details of the behavior that are causing you concern.

Email also ensures that a record of the document is retained, as verbal conversations can’t be as easily proven and written letters of complaint can simply land in the trash.

However, an email cc’d to relevant departments or managers within the organization, as well as human resources, ensures a digital paper trail that you and your attorney can use to help prove a hostile work environment.

What Would The Outcome Of Working With An Attorney Look Like?

If you and your attorney file a lawsuit in court, you’ll be seeking damages for lost wages and for emotional distress. This is true in cases of a hostile work environment, as well as instances where you were compelled to quit due to unmanageable stress, harassment, or bullying (legally known as constructive termination).

In some cases, you and your attorney may seek injunctive relief, meaning that your employer is required to take measures to ensure this behavior does not continue or target other employees in the future. In a sexual harassment-related case, this might take the form of future required anti-sexual harassment seminars for managers and employees on a monthly basis.

Can I Seek Injunctive Relief While Protecting My Privacy?

Yes, that is possible. One way to do this is to attempt to settle for a certain amount pre-trial. It is also possible for you to be addressed in formal paperwork as a John Doe or a Jane Doe, keeping you anonymous and protecting your privacy.

In cases like this, the only people who will know about your case are yourself, the attorneys involved, and your employer. This helps you to protect yourself while seeking damages.

It also allows you to hold your employer accountable for unacceptable and illegal behavior, helping future workers in the process and creating meaningful changes.

How Can An Attorney Help Me Handle A Case That’s Tougher To Prove?

I’ve handled many cases where the discrimination faced by my client was very emotional and impactful yet was more subtle than direct harassment. This is especially true for African-American clients who felt pressured, discriminated against, or singled out by White co-workers. They were uncomfortable but unsure of what to do next.

In cases like this, I've helped clients draft impactful and effective letters to their employer, outlining the exact conversation, series of events, or discriminatory actions that have led to the complaint and detailing options for immediate settlement.

Few workplaces are comfortable with the drawn-out consequences of a trial, media scrutiny, and damage to their brand name, and the results of these letters have often been immediate acceptance of our terms and a quick, significant award for my client.

What Should I Consider Before Filing A Lawsuit Against My Employer?

Consider if the employer you want to sue is someone you’d like to work for again; if so, a lawsuit is likely not your best option, as suing an employer typically ends the relationship on a negative note.

If you’re comfortable parting ways with this employer, you should consider the positive impact a lawsuit can have; apart from monetary benefits from a settlement, your case could lead to major and positive changes in the workplace for future employees.

At Levian Law, something we focus on is a client-centered approach to settlements and lawsuits. And at times, this can go beyond the financial and touch upon the dignity, feelings, and well-being of our clients.

I’ve handled cases where the settlement involved requiring the offending co-worker to write a note of apology to my client; this wasn’t something that profited me, but it brought peace of mind and a sense of justice for my client, and that is what mattered at the end of the day.

A seasoned, caring employment law attorney can help you win damages that are meaningful financially, emotionally, and professionally. They can help you send a powerful message that workplace discrimination is not tolerated in California, win the significant awards that your pain and discomfort merit, and create meaningful change for many years to come.

For more information on Identifying Signs Of A Hostile Work Environment, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-8869 today.