Do I Have a Hostile Work Environment Case?

Do I Have a Hostile Work Environment Case?

Unfortunately, not all harassment at work is illegal under city, state, or federal employment laws. According to the U.S. Equal Employment Opportunity Commission (EEOC), petty slights, annoyances and isolated incidents are not illegal unless the isolated incident is especially hostile. What is hostile? The EEOC offers a definition of hostile work environment as harassment that establishes a work environment a reasonable person would view as intimidating, hostile or offensive. Learn more about how the law defines what is a hostile workplace here.

According to the EEOC, harassment that causes a hostile work environment must violate Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 or the Americans with Disabilities Act of 1990 for the employee to have a harassment claim. Harassment based on protected characteristics under discrimination laws include racial harassment, sexual harassment (including pregnancy harassment, same-gender and gender identity harassment), religious harassment, national origin, sexual orientation, genetic information or disability harassment.

Types of Offensive Behavior in Hostile Work Environment Cases

Offensive behavior that may contribute to a hostile work environment can include, but is not limited to, the following:

  • Offensive jokes
  • Slurs
  • Epithets or name-calling
  • Physical assaults or threats
  • Intimidation
  • Ridicule
  • Insults
  • Offensive objects or pictures
  • Interference with work performance

Discrimination and offensive behavior can create a hostile work environment. Each harassment lawyer at our employment law firm believes that victims of harassment have the right to safe and comfortable work environments, free of any type of abuse.

A victim of workplace harassment may have the right to file a hostile workplace lawsuit against the offender and employer that allowed on-the-job harassment to occur. You do not need to be the target of the harassment to file a claim—anyone can be affected by offensive conduct. Filing a lawsuit for harassment can ensure that there is punishment, and the employer makes greater efforts to prevent hostile work environments for employees in the future. Our harassment lawyers have helped hundreds of California workers uphold their workplace rights, which has helped create safer workplaces for all.

Fired After Filing a Hostile Work Environment Lawsuit?

Employment and harassment laws also protect an individual who files or participates in a discrimination charge or opposes practices that he or she feels are illegal. All employees have rights that protect them from workplace retaliation or wrongful termination when filing hostile workplace lawsuits or other legal actions. Our wrongful termination lawyers explain how employment laws protect your workplace rights after filing a claim if you click on the link above.

What to Do if Your Work Environment is Hostile

If you are a victim of workplace harassment or sexual harassment at work, you should first ask the offender to stop. If this does not remedy the issue, speak with your employer about the harassment to learn what harassment policies are in place to handle hostile workplace environments. Begin keeping a record of the hostile workplace events and your responses to them; hostile work environment claims that show a pattern of workplace harassment or hostile behavior are often the most successful. If bringing the matter to the attention of your employer or boss does not address the issue, consider speaking with a hostile workplace employment lawyer for guidance in what your next steps must be.

We know proving harassment at work has caused a hostile work environment can be difficult, especially when workers are also trying to perform their job responsibilities and care for their families. Our employment attorneys have worked for many years to aid victims of hostile work environments and to enforce their workplace rights. We can and want to help if your employer has failed to remedy a hostile workplace or if you need assistance reporting a hostile work environment to your boss. Contact hostile work environment lawyers at our law firm today by phone at (310) 803-9886 to set up a free consultation.