A hostile environment can make it very difficult to continue to go to work each day. Every day can pose new challenges that make it hard to concentrate or complete daily tasks. As an employer, you have a duty to protect your employees from these conditions occurring in your company. You may be wondering, “What is considered a hostile work environment in California?”
What Is a Hostile Work Environment?
In the state of California, a hostile work environment means that individuals are acting in a way that is abusive and harmful to other employees. Abusive behavior can include harassment, discrimination, unwanted sexual advances, or anything that goes against a person’s protected rights under the California Government Code Section 12940 (j).
A hostile work environment is a situation where someone’s behavior makes it difficult for other employees to do their jobs. There are several examples of what a hostile environment includes within the workplace:
- Verbal abuse that is constant and extreme: This includes calling people hurtful names, belittling, slurs, threats, and any other speech that is abusive.
- Physical harassment: Physical harassment means that an individual is inappropriately touching someone else, preventing a person from leaving, or any assault of a physical nature.
- Sexual harassment: This kind of harassment can include verbal advances that are unwanted, forcing physical touch that is sexual, or asking for sexual favors.
- Excluding specific individuals: Purposefully excluding certain people from meetings, keeping them from attending work activities, or stopping them from having opportunities to advance in their employment.
- Bullying: Bullying can include any behavior that is threatening in nature, such as emails or speech that is meant to intimidate or even social media posts that are meant to put someone else down.
- Environmental harassment: If the workplace environment is not well lit, is purposefully too cold or too hot, or creates unpleasant noises, it could be harassment to the employees as they are not able to work effectively due to being uncomfortable or distracted.
If you have an employee who has complained about harassment in the workplace, then you need to take action. Consider hiring a Fresno employment law attorney to help you.
How to Handle a Hostile Work Environment
An employer should strive to foster a peaceful and harmonious work environment as much as possible. When hostility in the workplace takes place, it is not only extremely harmful to you and your employees, but it is also illegal. Employees and employers have a right to a safe environment that is free from hostility and toxicity. They also have the right to be protected from harassment and discrimination.
Employees are also given the right to file a hostile work environment claim and have the right to be protected against any form of retaliation for filing this kind of claim.
When a hostile work environment is taking place, it is important to take the proper steps to rectify the situation. An employer can instruct the employee to take these steps if they believe they are working in a hostile work environment:
- Identify what kind of abuse is happening: The employee can determine any patterns of abuse, harassment, or discrimination that fit the legal definition under the California law code.
- Documenting all incidents: The employee should then make sure to document all instances where abuse, harassment, or discrimination took place. Keeping a log with the dates, the time it happened, and where it took place, as well as details (with names included) of what happened is essential to gathering evidence.
- Give evidence to HR: Once the employee has gathered evidence, they can then take it to the human resources department informing them of the situation going on within the workplace. After the situation has been given to HR, the HR department can then discuss with you, the employer, the circumstances, the documentation of what has happened, and how to go about resolving the issue.
Employers must immediately take action to handle these allegations, or else they could face legal consequences.
FAQs
Q: What Is Considered Evidence of a Hostile Work Environment?
A: There are many different things that can be considered evidence of a hostile work environment. Some of the evidence that can be used to prove that a hostile work environment is taking place are emails that contain abusive speech, voice recordings of abusive speech, video surveillance of physical assault, or documentation of harassment.
Q: What if an Employee Witnesses Harassment in the Workplace in California?
A: If an employee witnesses harassment in the workplace in California, they can alert their employer as to what is going on. The employee who witnessed the event can also approach the individual that has harassed others and ask for that person to stop. If the harassment from the individual continues, a hostile work environment claim can be filed.
Q: If One Employee Flirts with Another Employee, Is That Considered Harassment?
A: If one employee flirts with another employee, it may be considered harassment. There are certain circumstances when flirting can be considered harassment if the person being flirted with is uncomfortable with the flirtation. Additionally, if the person asks for the individual making the advances to stop and the request is ignored, that is harassment.
Q: Does Harassment Have to Occur at Work for It to Be Illegal?
A: No, harassment does not have to occur at work for it to be illegal. There are laws in place to protect employees from discrimination or harassment if it were to happen outside of the workplace. For example, if there was an employee retreat or conference and inappropriate advances were made by a supervisor to an employee, that would be considered harassment in the workplace.
Consult with a California Employment Lawyer
For employees who work in a hostile environment, it can be difficult to properly do their job. Each day can be a struggle if they are being harassed or discriminated against. An employment lawyer can help you resolve a hostile work environment issue within your company, ensuring that you are addressing the issue appropriately. Contact Fishman, Larsen & Callister for assistance with your case.