People often use terms like “toxic workplace” or hostile environment” to describe an unpleasant work environment. These terms may be used to express a situation involving a lack of certain job benefits, an unpleasant space, an obnoxious coworker, or a rude boss. While these issues might make your work environment undesirable, they don’t necessarily meet a threshold that rises to a hostile work environment from a legal standpoint.
A hostile or toxic work environment exists when certain conduct of individuals, whether they are your coworkers or supervisors, creates a discriminatory situation that reasonable individuals would find intimidating or abusive to the point that it impacts your ability to perform your work.
This article will outline examples of what a hostile or toxic workplace might look like and what you can do about it. For more information or to schedule a complimentary consultation with an Orange County employment lawyer, please call 949-727-9300.
How do we legally define hostile work environments?
Your current situation could meet a legal definition of hostile or toxic workplace environments if any of the following statements are true:
- The behavior in question discriminates against you based on disability, sexual orientation, age, religion, race, or gender.
- Any reasonable individual would deem the environment to be abusive or hostile.
- The toxic conduct is long-lasting or pervasive.
- Your employer has not adequately addressed or investigated your complaint.
- The environment has affected your desire or your ability to perform your job duties.
- Your employer is aware of the hostile environment or abusive behavior and has not intervened properly.
What are examples of hostile work environments?
Colleagues who tease or exclude you might rise to the level of unprofessional behavior and may even be worthy of dismissal. Still, such behavior doesn’t always rise to the level of legally hostile behavior.
Examples of behavior that creates a hostile or toxic work environment include:
- Discussing sexual acts or the use of language that is sexually suggestive.
- Telling jokes that are offensive or involve people in protected categories.
- Making comments about the physical attributes of another individual.
- Displaying sexually inappropriate or racist materials or pictures.
- Using insensitive language or slurs.
- Making gestures that are inappropriate.
- Sabotaging another employee’s career or work.
- Unwanted touching.
How do I deal with hostile work environments?
Your first step in addressing conduct that creates a hostile work environment is to report it to the correct authorities within your organization. If reporting isn’t possible or you’ve tried reporting the situation, and it didn’t change, your only option might be to file a lawsuit. A California employment attorney can help in your fight to halt the toxic behavior and collect damages on your behalf. If you are stuck in a workplace environment that is hostile and discriminatory, there is no need to suffer in silence.
How do I prove it is a hostile work environment?
To win a claim of a hostile or toxic work environment, you must establish one or more of the following:
- That you are part of some protected group: In this case, you are usually facing retaliation for specific protected actions such as filing a workplace complaint, requesting specific accommodations for religious activities or a disability, or for resisting sexual advances.
- That you were subject to some form of unwelcome harassment: The term “unwelcome” is critical in this instance. You must be able to provide evidence that you opposed whatever the alleged hostile action may have been.
- That the harassment is related to some protected characteristic: Protected characteristics may include disability, pregnancy, religion, age, skin color, national origin, or sexual orientation. Say, for example, the comments are related to your recently dyed hair color. A claim will likely not succeed since hair color does not constitute a protected characteristic in the eyes of the law.
- That the harassment was pervasive or severe enough to create an abusive environment and affect the conditions or terms of your employment: In this case, you must be able to prove that your work environment became both objectively and subjectively hostile. Through the plaintiff’s and others’ testimony, verifying that the comments or situations affected the work environment and caused undue harm and stress, you and your employer can prove subjective hostility. To prove objective hostility, the courts will consider the frequency and severity of such behavior and conduct, whether the behavior or conduct was humiliating or physically threatening, and whether it interfered with your job performance.
Can I sue my employer for workplace stress?
Federal and California laws protect workers from unsafe work environments, negligence, harassment, and undue stress. Therefore, in certain circumstances, you may be able to sue an employer over workplace stress. Suppose your stress results from ordinary incidents like difficult coworkers, long work hours, or a demanding boss. In that case, you may be eligible to bring a claim for work-induced stress through workers’ compensation. However, if your stress results from discrimination or harassment, you may be able to sue your employer.
How much can you sue for emotional distress?
If you are an employee that has been a target of discrimination, harassment, retaliation, or wrongful termination, you may be able to sue your employer for emotional distress. Compensation for emotional distress typically includes financial compensation for the cost of counseling, treatment, and prescription medications.
How can an Orange County employment lawyer help?
If you’re stuck in a toxic workplace, you may have grounds for filing a lawsuit against your employer. You don’t have to suffer in a hostile work environment. Let the trusted Orange County employment lawyers at the Law Offices of Samer Habbas & Associates guide you through the process and help you to stand up against your abusers.
Our workplace lawsuit expert staff will evaluate your case, help you determine if you have grounds for a lawsuit, and help you fight for the compensation you deserve. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent mistreated employees across Southern California. For more information or to schedule a complimentary consultation with an Orange County employment attorney, please call 949-727-9300.
