San Diego Hostile Work Environment Attorney

Dealing with the workday is already filled with stress for any adult. When an employee has to endure a hostile work environment on top of that, a line is crossed that goes beyond how humans should be treated. An employee should not have to deal with the added stress of enduring harassment when going to work each day. Unfortunately, some employers neglect harassed employees and fail to take the necessary precautions required.

Even with laws that protect against harassment in the workplace, an employee may face unfair treatment, discrimination, and inappropriate behavior, all of which contribute to a hostile work environment. To be considered a victim of a hostile work environment in California, an employee must have been exposed to repeated and severe offensive and inappropriate behavior or language by coworkers.

While not every employee is guaranteed high earnings for hard work, every employee should be valued with basic respect and dignity. When that line gets crossed, our attorneys at Walker Law are here to ensure that neglected employees get the justice they deserve. Contact our San Diego hostile work environment attorneys today for your free consultation.

What is a Hostile Work Environment?

A hostile work environment is defined as one in which inappropriate behavior is severe and pervasive enough to create an abusive and hostile environment for employees. The most common examples are associated with sexual harassment. However, hostile work places can be based on other types of bullying or discrimination. Employees who are singled out based on any of the following characteristics can be privy to a hostile work environment:

• Sexual harassment
• Ethnicity
• Religious convictions
• Pregnancy
• Origin of nationality
• Age
• Disability

Hostile work environment can have severe financial and mental health consequences. Being subjected to abusive behavior, especially over a long period of time, can cause severe mental distress, including chronic anxiety or depression. When a company fails to address harassment, especially from a superior, an employee can feel dehumanized and isolated.

Actions to Address Hostile Work Environments

Many people mistakenly believe that any uncomfortable work environments are automatic grounds for a suit. However, this is not always the case as workplaces are places with adults, and some adults just have bad manners or are simply not good people. However, when a rude action crosses the line of hostility based on discrimination or retaliation, then the behavior becomes legally actionable.

As the plaintiff, the employee has the burden of proof of demonstrating the following elements based on evidence:

• The employee worked in a hostile work environment
• The employee was subjected to unwanted “severe or pervasive” harassment
• The behavior offended or affected the employee
• The manager or supervisor was aware of the hostile working environment and did nothing to prevent or stop it

An employee who faces a hostile work environment that is not addressed by the employer can file a claim with a federal agency, the Equal Employment Opportunity Commission (EEOC), or a state agency, the Department of Fair Employment and Housing in California (DFEH).

Examples of Hostile Work Environments Lawsuits

The following are examples of hostile work environments that are strong grounds for a successful case:

• Exposure to derogatory language or materials, such as racial slurs or sexist remarks
• Excessive exposure to pornographic materials, such as photographs and videotapes
• Sexual harassment including inappropriate and unwanted sexual comments or physical touching
• Leering is the act of staring in a sexually suggestive manner.
• Making derogatory remarks about appearance, clothing, or body parts
• Touching in ways that may make an employee feel uneasy, such as patting, pinching, or brushing against another’s body on purpose
• Making sexual or lewd jokes, displaying sexual posters, making sexual gestures, etc.
• Sending, forwarding, or soliciting sexually explicit letters, notes, emails, or images

Contact Walker Law Today For Representation

Figuring out how to deal with a hostile work environment is complex. Employees might fear bringing their concerns to HR, especially if the company has a history of ignoring or retaliating against complaints. Fear of further abuse or termination should not prevent an employee from speaking up against harassment. At Walker Law, our attorneys will fight to make sure you are protected from unacceptable behavior in the workplace. Contact our San Diego hostile work environment lawyers today.