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If you are being harassed at work, and this harassment has created a work environment that is hostile, intimidating, abusive, or oppressive, you should speak with an Orange County hostile workplace attorney about your rights and legal options. At Aegis Law Firm, we routinely represent clients throughout the Orange County and Los Angeles areas, who have been wronged at work. Contact us for a free consultation today.
When facing a hostile work environment, you need a law firm that stands firmly on your side—and Aegis Law Firm delivers exactly that.
Every consultation is free, and we cover cases from Orange County through Los Angeles, offering bilingual service in Spanish.
If you are looking for an Orange Country hostile workplace attorney who will fight for you, call Aegis Law Firm today at (949) 379-6250. Your initial consultation is free, so make that call today.
A hostile work environment occurs when inappropriate or unlawful behavior in the workplace becomes severe or pervasive enough to interfere with an employee’s ability to perform their job. To qualify legally as a hostile work environment, the behavior must be either severe (a single extreme incident) or pervasive (repeated over time). It must be offensive, intimidating, or abusive and affect the terms, conditions, or privileges of employment. For example, a boss who yells at everyone equally may be difficult, but not unlawful. However, if the boss only yells at older employees and calls them “too slow” or “useless,” that behavior could support a hostile work environment claim.
California provides some of the strongest workplace protections in the country. The Fair Employment and Housing Act (FEHA) makes it illegal for employers to allow a hostile work environment based on any protected characteristic (e.g., race, religion, age, sex). FEHA applies to all employers with five or more employees, including private companies and government agencies. Under this law, employees have the right to:
In addition to FEHA, California’s Labor Code prohibits abusive conduct in the workplace, even if it is not tied to a protected category. While this conduct may not always form the basis of a lawsuit, it can support a broader claim or create liability under related laws. Employees also have rights under federal law, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. However, California law often provides broader coverage, longer filing deadlines, and more remedies.
Sometimes work can be a drag. However, when just the idea of showing up at work instills fear and trepidation in the mind of an employee, there might be a problem. But not all uncomfortable work environments meet the legal definition of a hostile workplace.
Harassment is a form of discrimination that is prohibited under both California and federal law. California Fair Employment and Housing Act (FEHA) prohibits discrimination, harassment, and retaliation in the workplace. Employers are required to take reasonable steps to ensure that employees are not subjected to harassment, discrimination, or retaliation. This means that employers must have workplace policies to prevent such behavior, and when cases of such behavior arise, employers have a duty to address those cases and take corrective action.
The Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act of 1964, also prohibit harassment in the workplace.
The U.S. Equal Employment Opportunity Commission (EEOC) defines workplace harassment as an “… unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).”
California law provides for different types of workplace harassment.
You may be entitled to a claim for hostile work environment harassment if you were subjected to harassment based on your protected status, i.e., having any of the characteristics identified by the EEOC definition of workplace harassment. And, this harassment created a hostile work environment for you.
To succeed in your claim, you must prove:
A person who makes a claim for quid pro quo sexual harassment must prove the following elements of their claim:
Not every harassing conduct or unwanted sexual advance will meet the legal requirements of a hostile workplace that gives rise to a claim. The conduct complained of must be severe or pervasive to create a hostile work environment.
Severe or pervasive harassment is determined after consideration of the following factors:
Although conduct that is sporadic, occasional, or isolated cannot typically be characterised as harassment, there are single incidents that may be so egregious that they meet the legal requirement.
If you are unsure about whether the behavior you are enduring at work is severe or pervasive as to create a hostile work environment, an Orange County hostile workplace attorney can help you make a determination based on the facts of your case.
Isolated or trivial conduct may not meet the legal requirements for hostile workplace harassment, but the following conduct can create a hostile work environment:
You don’t have to be the direct target of any such conduct to be a victim of unlawful harassment. The alleged harasser in a hostile workplace does not have to be your direct supervisor. Harassing conduct by another supervisor, a co-worker, and agent of your employer, or a non-employee that does business with your employer, can create a hostile workplace.
Employers are encouraged to create an environment that disapproves of unlawful harassment. They must take appropriate steps to prevent and correct unlawful harassment by providing training to all employees, and taking appropriate and immediate action when an issue arises. Employers should also have effective policies that address complaint and grievance procedures.
Employees are encouraged to speak up for themselves as early as possible and tell their alleged harasser that their conduct is offensive and unwelcome. Employees should report harassment to a senior officer or follow the employer’s complaints procedure as soon as possible. This may help to prevent the harassment from escalating, and it provides documentation that may become useful if you need to make a claim against your employer.
If you believe you are experiencing a hostile work environment, take the following steps to protect yourself and preserve your legal options:
Start by keeping a detailed written record of all incidents, including dates, locations, individuals involved, and descriptions of what happened. Save emails, text messages, photos, or any physical evidence that supports your claim. Documentation is critical in proving the behavior was severe or pervasive.
Most employers have internal policies outlining how to report harassment or misconduct. Review your employee handbook or contact Human Resources to understand the complaint process. Following internal procedures may be required before legal action can begin.
Report the behavior in writing to a supervisor, manager, or HR department. Be specific about what happened, who was involved, and how it affected your ability to work. Request an investigation and corrective action.
If your employer fails to address the problem or retaliates against you, file a complaint with the California Civil Rights Department (CRD). You must file within three years of the last incident. The CRD may investigate your claim or issue a Right to Sue letter allowing you to proceed with a civil lawsuit.
An attorney can evaluate the strength of your case, guide you through the complaint process, and help you seek damages for emotional distress, lost wages, and attorney’s fees. Legal representation becomes especially important if your employer denies wrongdoing or retaliates against you.
Employers are legally responsible for preventing and correcting workplace harassment. If a manager, supervisor, or high-level employee is the source of the hostile conduct, the employer is strictly liable under California law. This means the company is automatically responsible for the harassment, even if it claims it did not know it was happening. If a coworker or non-supervisory employee is responsible, the employer may still be liable if it knew or should have known about the conduct and failed to take prompt and effective action. In either case, the company has a duty to:
Employers that ignore complaints or protect harassers can face serious legal consequences, including court judgments, fines, and public exposure. Signs that your employer has created or allowed a hostile work environment may include:
California courts have repeatedly held employers accountable for failing to act.
You can still suffer damages even though your harassment did not lead to termination of your employment. Recoverable damages may include economic damages for past and future earnings as well as past and future medical expenses, and noneconomic damages for past and future physical pain and mental suffering.
Facing a hostile work environment can be overwhelming. Many employees hesitate to come forward out of fear of retaliation, of losing their job, or of not being believed. But the longer the abuse continues, the more damaging it becomes. Hiring an experienced hostile workplace attorney in Orange County is critical for the following reasons:
Legal guidance also helps you move quickly and within deadlines, improving your chances of success.
If you believe that you have suffered harassment that created a hostile workplace for you, an Orange County hostile workplace attorney from our firm can help you. Aegis Law Firm is known for our team’s attention to detail, timeliness, and efficiency. You can trust us to help you resolve your hostile workplace problems. Call us today at (949) 379-6250 to schedule a free consultation.