What constitutes a hostile work environment?

A hostile work environment is a workplace in which an employee experiences hostility, intimidation, or abuse from their peers, supervisors, or customers. This is in violation of California civil rights laws, which protect workers from workplace harassment and discrimination. A workplace can be considered hostile if the environment itself is intimidating or if employees are subjected to offensive language or gestures, threats or ridicule, exclusion or exclusionary tactics, or any other form of mistreatment or inappropriate behavior. An employer may also be found liable for creating a hostile work environment if they are aware of the situation and do not take steps to address it. Employees may also experience a hostile work environment if they are subjected to discrimination or harassment on the basis of gender, race, age, or any other protected class. This can include unwelcome sexual advances or unwanted comments, jokes, or images about an employee’s protected class. Unfair treatment for an employee because of their protected class can also be considered a hostile work environment. Employees in California have the right to work in an environment free from hostility and discrimination. If an employee believes they are being subjected to a hostile work environment, they can file a complaint with the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. These entities can investigate the complaint and help the employee obtain relief and justice.

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What constitutes a hostile work environment?

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