Hostile Workplace

Hostile Workplace Lawyers

Every job comes with its own headaches and situations where things seem unfair or against you. Knowing whether these grievances are legally encroaching upon your rights by being a hostile workplace is a different story. It isn’t always cut and dry when distinguishing if your workplace is in violation of the law, so contacting a Los Angeles employment attorney is in your best interest.

What is a Hostile Workplace?

The U.S. Equal Employment Opportunity Commission (EEOC) defines a hostile workplace as one where harassment of an employee is so frequent or severe that it creates environment that is hostile or offensive to its victim. This unwelcome conduct can mentally and physically wear down a victim to the point where they cannot perform their job functions. This often results in managerial punishment or termination of the victim. There is no set definition for who can be a harasser in the workplace either. To objectively create a hostile workplace, there must be discrimination of one of the below protected classes:

• Race
• Color
• Religion
• Sex
• National origin
• Age (40 or older)
• Disability
• Genetic information

Subjectively, however is harder to determine if your rights have been violated in a court of law as the US Government operates on a case by case basis when the violation of rights isn’t as clear.

When do I know that I am in a Hostile Workplace?

When identifying a hostile workplace, you will need to ask yourself a variety of questions in order to determine if your rights are being violated. If all of these conditions are met, you may need to work with a hostile workplace lawyer to understand where to go next.

Is the behavior unwelcome?

Is the behavior that is making you uncomfortable unwelcome to you? Have you expressed your discomfort to those around you and asked for them to stop this behavior?

Is the behavior against one of my protected characteristics?

The US Government prohibits discrimination based upon your race, color, religion, sex, national origin, age (40 or older), disability, and genetic information. Unwelcome behavior can also be directed toward other personal or situational characteristics that can be perceived as overtly hostile.

Is the behavior severe or pervasive?

The EEOC defines a hostile work environment as a workplace where harassment based on an employee’s protected characteristics is so severe or frequent (“pervasive”) that a reasonable person in the employee’s position would find the situation to be abusive. When these sorts of situations occur, the EEOC does not require the victim to prove that this harassment negatively impacted their performance, only that it impacted them on a personal level.

Does your employer know of the harassment?

The EEOC states that if an employer knows of the harassment to any degree and does not try to curb the behavior, they are legally liable. The employer may be informed of this behavior either by a direct report to HR by the individual or the harassment being so widespread and apparent that there is constructive knowledge of it. Once they have the knowledge of the behavior, they are obligated to investigate otherwise they may be legally responsible.

Hostile Work Environment Examples

To make it easier to understand if you are in a hostile workplace, review the examples below to see if the behavior you are facing is grounds for legal retribution. If you think your situation is similar to the cases below, reach out to a hostile workplace lawyer to see if you may be entitled to compensation.

• Harassment: a supervisor or peer repeatedly makes degrading comments about an employee’s religion, making offensive jokes targeting their ethnicity.
• Sexual Harassment: An employee is repeatedly subjected to sexual comments about the way they look or dress. They are also repeatedly asked to go on dates or have unwelcome physical advances upon them.
• Intimidation or Bullying: A manager consistently yells and berates employees in front of others. The behavior is directed at their protected characteristics and is used as a means of humiliation in front of other employees.
• Offensive Materials: The workplace tolerates or displays material that demeans employees based on protected characteristics.
• Retaliation: After filing a complaint with HR or their supervisor, the employee is met with extreme backlash. This can be sudden demotions or exclusion from critical meetings and projects. They may also increase the workload beyond acceptable limits, so as to wear an employee down so they are inclined to leave the company.

These are some of the typical scenarios where you could legally argue for a hostile workplace. Every situation is different, so it is important to understand where an employer crossed the line and if they are in violation of your rights.

What Employees Can Do

If you believe you are in a hostile workplace, it is important to follow the steps outlined to understand what your next steps should be.

1. Document the Behavior

While it may make you more uncomfortable to dwell on the behavior, it is paramount that every instance of the behavior is recorded for future reference. Be sure to record the date and time of the incident, what was done or said, and most importantly who was witness to the event.

2. Report the Matter Internally

Be sure to reach out to your employer’s HR department or to your direct supervisor to report the incident. Oftentimes this will end the hostile environment as the company does not want to be held legally responsible.

3. Save all Relevant Communications

If any of the behavior is documented electronically or physically, be sure to save this information. This can be emails, papers, notes, or text messages that could easily prove the behavior.

4. Consult with an employment lawyer

After gathering all of the relevant information, reach out to a Los Angeles employment lawyer for a consultation. They can help determine if you are in a hostile workplace and what your next steps may be.

It is never easy being in a hostile workplace, which is why Shegerian Conniff is here to help you navigate and address any workplace behavior that is affecting you. Reach out today for a free consultation to evaluate your options.