Shegerian Conniff represents employees facing hostile work environments, workplace harassment, discrimination, retaliation, and other employment law violations. Our Los Angeles employment lawyers can evaluate the circumstances of your situation and help you determine whether your employer may have violated your workplace rights.<\/p>\n
What is a Hostile Workplace?<\/h3>\n
The U.S. Equal Employment Opportunity Commission (EEOC) recognizes that unlawful harassment can occur when unwelcome conduct based on a protected characteristic becomes sufficiently severe or pervasive to create a hostile or abusive work environment. This type of conduct can make an employee feel intimidated, humiliated, or unsafe at work and may interfere with their ability to perform their job.<\/p>\n
A hostile work environment may involve harassment based on protected characteristics such as:<\/p>\n
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- Race<\/li>\n
- Color<\/li>\n
- Religion<\/a><\/li>\n
- Sex<\/li>\n
- National origin<\/li>\n
- Age, for individuals who are 40 or older<\/li>\n
- Disability<\/li>\n
- Genetic information<\/li>\n<\/ul>\n
A workplace sexual harassment attorney can help employees determine whether sexually inappropriate conduct may contribute to an unlawful hostile work environment. Similarly, employees experiencing discrimination based on race, disability, religion, age, or another protected characteristic may benefit from consulting an employment attorney about their circumstances.<\/p>\n
Not every unpleasant interaction or workplace disagreement legally qualifies as a hostile work environment. Courts and government agencies generally examine the specific facts and circumstances of each case, including the nature of the conduct, how frequently it occurred, and whether it was sufficiently severe or pervasive.<\/p>\n
When do I know that I am in a Hostile Workplace?<\/h3>\n
Identifying whether you are experiIdentifying whether you are experiencing an unlawful hostile work environment can be difficult. If you believe your workplace has become hostile because of harassment or discrimination, consider the following questions. If you answer yes to several of these questions, you may want to speak with a hostile workplace lawyer or Los Angeles employment attorney about your situation.encing an unlawful hostile work environment can be difficult. If you believe your workplace has become hostile because of harassment or discrimination, consider the following questions. If you answer yes to several of these questions, you may want to speak with a hostile workplace lawyer or Los Angeles employment attorney about your situation.<\/p>\n
Is the Behavior Unwelcome?<\/p>\n
Is the behavior that is making you uncomfortable unwanted? Have you expressed your discomfort or asked the person engaging in the conduct to stop?<\/p>\n
Unwelcome conduct may include offensive comments, repeated inappropriate jokes, unwanted sexual behavior, discriminatory remarks, intimidation, or other conduct directed toward an employee because of a protected characteristic.<\/p>\n
Is the Behavior Based on a Protected Characteristic?<\/h3>\n
Federal and California employment laws prohibit certain forms of discrimination based on characteristics such as race, color, religion, sex, national origin, age, disability, and genetic information.<\/p>\n
For example, repeated offensive comments about an employee’s race or religion may raise concerns about unlawful harassment. Similarly, unwanted sexual comments or advances may contribute to a hostile work environment based on sex.<\/p>\n
If you are experiencing this type of conduct, a workplace sexual harassment lawyer or experienced employment attorney can help you understand whether the behavior may violate applicable employment laws.<\/p>\n
Is the Behavior Severe or Pervasive?<\/h3>\n
The EEOC generally considers harassment unlawful when it is sufficiently severe or pervasive to create an intimidating, hostile, or abusive work environment. The specific circumstances matter, and what qualifies as unlawful harassment can depend on the nature and frequency of the conduct.<\/p>\n
Because the legal standard is fact-specific, an employment lawyer can review the conduct you have experienced and help you determine whether you may have a potential claim.<\/p>\n
Does Your Employer Know About the Harassment?<\/h3>\n
It is important to consider whether your employer knew or should reasonably have known about the harassment and whether the employer took appropriate steps to address it.<\/p>\n
An employee may report harassment directly to a supervisor, human resources department, or another appropriate person within the organization. In some circumstances, an employer may also become aware of harassment through its managers or other employees.<\/p>\n
If you have reported harassment and your employer failed to take appropriate action, an employment law firm in Los Angeles can help you understand your potential rights and options.<\/p>\n
Hostile Work Environment Examples<\/h3>\n
Understanding examples of workplace harassment can make it easier to recognize conduct that may warrant further investigation. If your workplace experience is similar to one of the situations below, consider speaking with a hostile workplace lawyer or Los Angeles employment lawyer about your circumstances.<\/p>\n
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- Harassment:<\/strong> A supervisor or coworker repeatedly makes degrading comments about an employee’s religion, race, or ethnicity.<\/li>\n
- Sexual Harassment:<\/strong> An employee is repeatedly subjected to unwanted sexual comments about their appearance or clothing, asked on unwanted dates, or subjected to other unwelcome sexual conduct.<\/li>\n
- Intimidation or <\/strong>Bullying<\/strong><\/a>:<\/strong> A manager repeatedly humiliates an employee in front of coworkers while making comments related to the employee’s protected characteristics.<\/li>\n
- Offensive Materials:<\/strong> An employer or workplace tolerates the display or distribution of material that demeans employees because of a protected characteristic.<\/li>\n
- Retaliation:<\/strong> After an employee reports harassment or discrimination, the employer responds with adverse treatment such as demotion, exclusion from important projects, reduced opportunities, or termination.<\/li>\n<\/ul>\n
These are examples of situations that may raise concerns about a hostile work environment, but every workplace situation is different. An employment attorney in Los Angeles can review the facts of your case and help determine whether the conduct you experienced may violate your legal rights.<\/p>\n
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What Employees Can Do<\/h2>\n
If you believe you are experiencing a hostile workplace, taking certain steps can help you preserve important information and better understand your options.<\/p>\n
1. Document the Behavior<\/strong><\/p>\n
Keep a record of incidents involving harassment or discrimination. Whenever possible, document the date and time of the incident, what was said or done, who was involved, and the names of anyone who witnessed the behavior.<\/p>\n
Detailed documentation may help an employment lawyer understand what occurred and evaluate whether there is evidence supporting a potential claim.<\/p>\n
2. Report the Matter Internally<\/strong><\/p>\n
Consider reporting workplace harassment or discrimination to your employer’s human resources department, supervisor, or another appropriate person designated to receive complaints.<\/p>\n
Depending on the circumstances, reporting the conduct may give the employer an opportunity to investigate and address the problem. Keep copies of any complaints you submit and records of how your employer responds.<\/p>\n
3. Save Relevant Communications<\/strong><\/p>\n
Preserve communications that may document the harassment or discrimination. These may include emails, text messages, workplace messages, letters, performance reviews, or other relevant records.<\/p>\n
Do not alter or delete potentially important communications. An employment attorney can help you understand what information may be relevant to your situation.<\/p>\n
- Sexual Harassment:<\/strong> An employee is repeatedly subjected to unwanted sexual comments about their appearance or clothing, asked on unwanted dates, or subjected to other unwelcome sexual conduct.<\/li>\n