Harassment in the workplace remains alarmingly common. According to Gallup, more than one in five people in the world say they’ve experienced some type of harassment in the workplace. This translates to roughly 750,000,000 workers across the world. Harassment is illegal under both California’s Fair Employment and Housing Act (FEHA) and federal law. When harassment becomes a consistent part of employment, it may create a hostile work environment. Workers should take a number of measures in order to protect their rights if they’re facing a hostile work environment.
Step 1: Identify the Signs of a Hostile Work Environment
A hostile work environment occurs when employees routinely face offensive or unwelcome behavior. This often creates a sense of intimidation or fear within the workplace and may lead employees to dread coming to work every day. Hostile work environments may consist of many different types of behavior.
- Psychological Harassment: This encompasses a wide variety of different behaviors, including bullying, threats, and intimidation. Workers may experience insults for their looks, sexual orientation, or something else.
- Physical Violence: Physical violence in the workplace can also create a hostile work environment. Many workers have reported being assaulted or restrained during the course of their job duties.
- Sexual Violence and Harassment: Women are substantially more likely to experience sexual violence and harassment in the workplace. Examples of this may include unwanted touching, sharing inappropriate photos, and comments of a sexual nature.
One of the key features of workplace harassment is that it often increases over time. Occasional insults may lead to daily beratement. Sexual advances may eventually turn violent if the instigator is rejected.
Step 2: Document Everything Related to the Harassment
Workers who experience a hostile work environment should do everything within their power to properly document what they are experiencing. Below are some of the key records and pieces of evidence that should be kept.
- Incidents: Workers should keep detailed records of all of the incidents that they’ve experienced. This should include dates and times of the events and what was said or done.
- Internal Records: Workers should preserve all communications related to the harassment. Examples may include emails, texts, and other communication that corroborates what happened.
- Psychological Symptoms: Workers should document how the harassment has affected their lives. Many workers experience nightmares, anxiety, and physical symptoms as a result of their experiences.
- Medical Records: Harassment in the workplace may be so bad that it leads workers to seek medical interventions. It is common for workers to seek therapy or to be prescribed medications to deal with their feelings. These medical records should be collected as well.
There’s no such thing as too much evidence while documenting harassment in the workplace. Workers who have well-documented and substantiated records of all of their harassment will typically have an easier time obtaining a favorable outcome in a legal dispute.
Step 3: Report the Hostile Work Environment Internally
It is important that workers impacted by hostile work environments report what’s happening internally at their place of employment. This may require affected workers to report what is happening to a supervisor, human resources, or some other outlet within an organization. Workers should go through an official complaint process if one is available. Employers have a legal obligation to address harassment in the workplace. When they fail to do this, legal action can be taken against them.
Step 4: Seek Legal Help for Your Situation
It can be hard to know where to begin if you were experiencing a hostile work environment. Workers often depend on their income to get by and may be afraid to speak up. There are many ways that an employment law attorney can help when workers are impacted by a hostile work environment.
- Evaluation: An attorney can assess what federal or state laws your employer may be violating. They can also help assess how strong your case is.
- Strategy: An attorney can help guide you on how to document incidents properly so that a strong claim can be constructed.
- Filing Complaints: An attorney can file complaints on your behalf with California’s Civil Rights Department or the Equal Employment Opportunity Commission.
- Negotiation: An attorney can help negotiate a positive settlement or resolution on your behalf. In certain cases, this may include compensation, a severance package, or reinstatement into a position.
- Litigation: In the event that an employer is unwilling to offer a fair resolution, an employment law attorney can hold your employer accountable through litigation.
There are at least three situations where workers should strongly consider seeking outside legal help in resolving a hostile work environment. Internal reporting failed to adequately resolve the harassment. A worker experienced retaliation as a result of bringing the unwanted behavior to light. The harassment is so pervasive or dangerous it jeopardizes the physical or psychological well-being of the worker.
Getting Legal Help for a Hostile Work Environment
Every worker has a legal right to perform their job duties in an environment that is safe and free from harassment. But in far too many situations, employers will deliberately create a hostile work environment with the goal of having the affected worker quit. This is known as constructive discharge and is also illegal.
If you’ve been the victim of a hostile work environment, you may be entitled to damages. Our team of labor law attorneys at The Labor Champ are here to help you with whatever your situation is. We are committed to defending the rights of workers and holding employers accountable for their illegal and unethical conduct. We can evaluate the unique facts of your case and let you know if you have a claim that can be pursued. Contact our office today for a risk-free consultation at 949-727-9300.
