Workplace Harassment and Hostile Work
Environment
Facing workplace harassment or hostile work environment in California? Learn what constitutes a violation of FEHA, examples of protected activities, and the penalties employers face.
What is FEHA?
The Fair Employment and Housing Act (FEHA) is California’s primary piece of legislation protecting employees from workplace discrimination, harassment, and retaliation.
Enforced by the California Civil Rights Department (CRD)—formerly known as the DFEH—FEHA applies to all public and private employers with five or more employees (with harassment protections applying to employers with even just one employee).
Protected Classes:
In California, a hostile work environment occurs when an employee is subjected to unwelcome comments, behavior, or visual displays that are severe or pervasive enough to alter the conditions of employment and create an intimidating, offensive, or oppressive atmosphere.
Crucially, under California law, a bad attitude or general meanness is not enough. To be legally considered harassment, the behavior must be based on a protected characteristic, which includes:
- Race, color, or national origin
- Sex, gender, gender identity, or gender expression
- Sexual orientation
- Age (40 and over)
- Religion or religious creed
- Physical or mental disability, or medical conditions
- Pregnancy or childbirth
What Examples Constitute a Hostile Work Environment?
- To give you a better idea of what California courts look for, a hostile work environment might involve:
- Mocking or degrading an employee because of a physical or mental disability.
- Offensive jokes, slurs, or epithets targeting a specific race, religion, or sexual orientation.
- Unwanted touching, physical assaults, or blocking movement.
- The display of sexually explicit, racist, or otherwise offensive posters, screensavers, or cartoons.
- Repeated, unwanted sexual advances or comments about an employee’s body.
Can a Coworker Create a Hostile Work Environment, or Does It Have to Be a Manager?
Anyone in the workplace can create a hostile work environment. This includes supervisors, managers, direct coworkers, and in some cases, even independent contractors, clients, or customers.
These can be picky specifics- not ALL classes are protected and not ALL such actions are protected, so it’s important to discuss your situation in detail with an expert like the attorneys at Radford & Rome, LLP to see if it applies to your situation.
What Should I Do If I Am Experiencing a Hostile Work Environment?
If you believe you are being subjected to an illegal hostile work environment in California, taking the right steps immediately is vital to protecting your rights and building a potential legal case:
- Consult Your Employee Handbook: Look for your company’s specific policy on harassment and reporting procedures.
- Report the Behavior in Writing: Report the harassment to Human Resources (HR) or a supervisor. Do this in writing (via email) so there is a paper trail. Clearly state that you are experiencing harassment based on a protected trait (e.g., race, gender).
- Document Everything: Keep a detailed, private log of every incident. Note the date, time, location, exactly what was said or done, and any witnesses. Save relevant text messages, emails, or voicemail messages. Keep this log on your personal device or notebook, not on your work computer.
- Do Not Quietly Quit: It may be tempting to resign immediately, but doing so without reporting the behavior first can harm your legal claim. Speak with an employment attorney before making any sudden decisions to resign.
- Consult an Employment Lawyer: Call Radford & Rome, LLP and we can review your evidence, help you navigate the reporting process, and ensure your rights are protected.
What Are the Penalties for Harassment and Hostile Work Environment in California?
If you file a successful lawsuit against your employer for a hostile work environment under California’s FEHA, your employer does not face “criminal penalties” (like jail time), but they can be held financially liable. A good attorney can help maximize your settlement.
Employers may be held liable for:
- Back Pay and Front Pay: Compensation for lost wages if you were wrongfully terminated, forced to quit (constructive discharge), or denied a promotion due to the harassment.
- Emotional Distress Damages: Compensation for the anxiety, depression, mental anguish, and loss of enjoyment of life caused by the hostile environment.
- Punitive Damages: In cases where the employer’s behavior was especially malicious, oppressive, or fraudulent, courts may order them to pay punitive damages to punish the company and deter future misconduct.
- Attorney’s Fees and Legal Costs: California law allows for the losing employer to pay the plaintiff’s attorney’s fees, making it possible for employees to seek justice without paying out-of-pocket legal fees.
Frequently Asked Questions About Harassment and Hostile Work Environment:
Can I Be Fired for Reporting a Hostile Work Environment?
No. Retaliation is strictly illegal. Under California law, it is illegal for an employer to fire, demote, harass, or otherwise retaliate against an employee for reporting workplace harassment in good faith or for participating in a harassment investigation. If your employer retaliates against you, you may have grounds for an additional, separate lawsuit for unlawful retaliation.
How long do I have to file a FEHA harassment claim in California?
California has a strict statute of limitations. In most cases, you have three (3) years from the date of the retaliatory act to file a formal complaint with the California Civil Rights Department (CRD). Once the CRD issues a “Right-to-Sue” notice, you typically have one (1) year from that date to file a lawsuit in court.
Contact Radford & Rome, LLP.
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