California law protects employees from being treated unfavorably because of their identity. Harassing a worker based on a protected characteristic is unlawful because it creates a hostile work environment. An employer can take action if this happens.
But what is a hostile work environment?
It’s a legal concept with strict legal standards
A hostile work environment is more than a stressful workplace. An employer being rude or a supervisor being mean does not constitute a hostile work environment. These are examples of bad management or a toxic workplace.
For a work environment to be considered hostile, offensive, oppressive or intimidating, an employee must have experienced harassment based on a protected characteristic. And the conduct should be severe or pervasive enough to affect their ability to perform the job as usual or undermine their personal sense of well-being.
Note that California uses “ severe or pervasive” as a legal standard. Thus, a single incident of harassment can be sufficient to bring a case if the conduct creates an intimidating, hostile or offensive working environment. For example, a physical assault, sexual harassment or a highly offensive slur.
The pervasive (repeated pattern) legal standard is used when conduct is lower-level or moderate, such as jokes or teasing. For instance, an employee may need to have frequently experienced negative comments to have a case.
Additionally, the state can still consider an offensive remark to have created a hostile work environment even if it was made by a co-worker or a non-decision-maker, meaning it was not tied to an employment decision. An employer cannot dismiss such a remark as a “stray remark.” The comment can also be used as circumstantial evidence of discrimination.
Determining if an experience in the workplace meets the legal standard of a hostile work environment is a crucial step. Contact us today to understand your situation and protect your rights.