The law prohibits employers from allowing or creating a hostile, offensive, or abusive work environment that targets a protected characteristic, such as race, age, gender, sexual orientation, and more. Supervisors, co-workers, and even non-employees can create a hostile work environment. Employees who are victims of harassment that is derived from discrimination against a protected class may have a hostile work environment claim against their employer.
Examples of behaviors that can create a hostile work environment include verbal abuse, derogatory slurs, offensive jokes, discriminatory remarks, sexual advances, unwelcome touching, circulating rumors, and intimidating behaviors such as threats. This is not a complete list of all conduct that can result in a hostile work environment. It is important to speak with an attorney to evaluate your case. Some situations may create more liability for the employer than just a hostile work environment claim. For example, unwanted sexual advances or offensive jokes could give rise to both a sexual harassment claim and a hostile work environment claim. An experienced Los Angeles employment law attorney at Sparrow Law Group can help make sure all your claims are addressed appropriately and to the fullest extent.
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Sparrow Law Group is experienced in all aspects of California employment law, and we treat every client like family. We will get to know you and your case so that we can put together a winning strategy that is tailored specifically for you and your situation. Our attorneys have experience on both sides of these cases, so they are adept at anticipating and countering the defenses that may be presented. If you don’t want to feel like just another case number, then reach out to a skilled Los Angeles discrimination attorney Sparrow Law Group today to let us go to work for you.
What is a Hostile Work Environment in Los Angeles, CA?
Behaviors that create a hostile work environment typically fall into the categories of discrimination, harassment, and/or retaliation. These actions violate the law and an employee’s rights to complete their work in a safe manner. For a workplace to be considered a hostile environment, behaviors must generally be severe and pervasive, but also occur consistently enough to create an unsafe atmosphere.
Additionally, if an employee’s protected characteristics are targeted, or the actions are offensive to the victim or others in the vicinity, an employee may not feel safe in their workplace because of the unwanted attention. These factors significantly impact an employee’s ability to carry out their job duties. When harassing, discriminatory, or retaliatory actions prevent an individual from completing their work, the work environment is considered hostile.
Proving A Hostile Work Environment
When you bring an action against your employer for a hostile work environment, the burden of proof is on you to prove that those conditions existed. So, how do you do that? First and foremost, you need to keep a log with detailed notes about each instance that occurred. Document the date and time of the incident, who was involved, the names of any potential witnesses, and notes about how the incident affected your job performance.
In addition to your own notes, you should keep all potential evidence that you might need later. This might include texts, emails, or voicemails that prove the alleged abuse, internal memos or letters that document or corroborate your side of the story, and names and contact information of potential witnesses. Additionally, be sure to save any responses from your employer’s Human Resources department. These responses can be especially helpful if they prove that the employer did not take your complaints seriously. The more evidence you have, the more likely you are to be successful with your claim.
Penalties For Hostile Work Environment Claims
The penalties an employer may face for a hostile work environment claim range from injunctive relief to monetary damages. This means that an employer may be ordered by the court to cease the behavior that is causing the hostile work environment. According to the U.S. Courts, victims of hostile work environments may be entitled to compensation, including lost wages or back pay plus interest, emotional distress, attorney’s fees, and even punitive damages.
How Long Do I Have to File a Hostile Work Environment Claim in California?
Victims of harassment and discrimination in the workplace usually have 3 years to file their complaint with the California Civil Rights Department (CRD). If you wish to then file a lawsuit in court with the help of your lawyer, you only have 1 year to file and initiate your lawsuit after you receive a right-to-sue notice from CRD. Once this time period expires, you lose all right to take legal action.
After you have documented the unwanted behavior in your workplace and collected evidence, it is important to consult a lawyer who can provide direction and ensure that you are within the time limits for holding your employer accountable. These cases can take time to resolve and delays can be costly, so swift action is essential. Your lawyer can also help you streamline the process so your case can be resolved faster.
How to File a Hostile Work Environment Complaint in Los Angeles, CA
You should report a hostile work environment as soon as possible if you have been subjected to this unwanted behavior. To do so, you must follow the CRD’s complaint process to report the behavior. You will need to complete an intake form that details the specific behaviors and actions you experienced. Evidence and witness information should also be submitted along with your report. CRD will set up a time for a representative to speak with you before they begin further investigation into your claim to see if the workplace behavior violated any civil rights laws. After a thorough examination, CRD will make a decision to either close the case or notify your employer that they will pursue a lawsuit.
You also have the option to pursue your own lawsuit with a lawyer. In these situations, you will need to obtain a right-to-sure notice from CRD. Once issued, you and your lawyer shoulder the burden of investigating the workplace behavior and demonstrating that a hostile work environment was created. If you choose to go this route, you will still need to submit an initial complaint to CRD alongside your right-to-sue request. Once issued, you will need to work diligently to resolve the matter before the statute of limitations expires.
Schedule A Free Consultation
If you feel you have been subjected to a hostile work environment, contact Sparrow Law Group for a free confidential case evaluation. Contact us online or call us at (310) 708-6439. Victims of hostile work environments have a limited amount of time to file a claim, so contacting an attorney as soon as possible is crucial. Our team is ready to get started on your case right away, and we will be by your side throughout the whole process.