What is the legal standard for a hostile work environment?

Under California civil rights law, a hostile work environment is defined as one in which an employee is subjected to unwelcome comments or conduct based on gender, religion, race, national origin, disability, or other characteristics protected by law. This type of conduct is considered to be against the law and employers must take action to prevent it. The standard for a hostile work environment is that the harassing comments or conduct must be “severe or pervasive.” This means that the comments or conduct must be more than a single incident, or an offhand comment, and must be persistent in order to be legally considered a hostile work environment. Employees who experience a hostile work environment can report it to their employers. The employer must investigate the claims and take action to ensure the behavior ends or the employee is removed from the hostile environment. Those who are found to be responsible for creating a hostile environment may face disciplinary action, such as suspension or firing, depending on the severity of the situation. Additionally, victims of a hostile work environment may file a claim with the California Department of Fair Employment and Housing. This can result in legal action against the employer or an individual, or the award of damages, such as lost wages or punitive damages.

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What is the legal standard for a hostile work environment?

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