Hostile Work Environment

Under federal and state law, if an employee faces a hostile workplace due to discriminatory actions of boss or a co-worker, that employee would have a claim for illegal workplace discrimination. A hostile work environment develops when the behavior of a boss or coworker makes it difficult or impossible for an employee to do his or her job. In other words, the manner in which the boss or coworker behaved toward the employee effectively altered the terms or conditions of employment making the environment uncomfortable. Despite the fact that anti-discrimination laws have been around for over 50 years, workplace discrimination remains a problem in the workplace. Employers who discriminate based on individual characteristics such as race, gender, national origin, and religion face serious consequences and victims of such discrimination are entitled to compensation. If you have been the victim of discrimination in the workplace and are in need of an employment lawyer, it is important that you immediately contact an experienced Los Angeles Hostile Work Environment Lawyer who will review your claim and explain the process for making sure the person who harassed you is held accountable.

A hostile work environment occurs when an employee, who is part of a protected class, experiences harassment in the workplace that creates an intolerable work environment. A claim for workplace harassment may be based on federal or California law. Applicable anti-discrimination laws include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act of 1990 (ADA), and the California Fair Employment and Housing Act (FEHA).

Protected class. Antidiscrimination laws are designed to prevent discrimination based on a number of individual characteristics. In order for an employee to have a hostile workplace claim, the harassment must occur because of one of the protected characteristics. These characteristics include race, color, national origin, sex, gender, sexual orientation, disability, marital status, pregnancy, and religion.

Harassing behavior. In order for behaviors to be bad enough that a reasonable person will find the existence of a hostile workplace, generally speaking the behavior must be more than an isolated incident of rude behavior. For example, if a female supervisor tells an off-color, sexist joke to a male employee on one occasion, it is not likely that a hostile environment would have been created. On the other hand if the supervisor made such regularly over an extended period of time, the employee may have a valid hostile workplace claim.

On the other hand, in some cases such as when a threat or act of violence is involved a single incident may be so outrageous that the employee would have an actionable hostile workplace claim. For example, in a 2006 case the EEOC agreed that an African American employee had been subjected to race-based threats of violence at the naval facility at which he worked, based on a noose being placed in his work area. It is well settled that a hangman’s noose evokes an image of extreme racial violence and of a death threat, particularly among African Americans. This incident altered the condition of victim’s employment and made the workplace hostile. As a result the victim was awarded $35,000.00 in non-pecuniary compensatory damages, restoration of annual and sick leave, and $34,505.87 in attorney's fees. In addition, the agency was ordered to provide racial harassment training to all employees at the facility. Tootle v. Navy, EEOC Appeal No. 07A40127 (Feb. 10, 2006).

Inaction by employer. Oftentimes behavior leads to a hostile work environment because the employer fails to intervene or effectively respond to complaints by the victimized employee.

If you are the victim of harassment in your workplace, you have the right to bring a claim. Depending on the facts of your case, you may be able to file a claim against not only the person harassing you, but also against your employer. By holding the harasser accountable for his or her illegal actions, you may be entitled to receive damages in the form of compensation. In addition, your employer may be required to implement new policies to help prevent harassment and other discriminatory actions in the future.

If you have been harassed on the job, it is important that you contact an attorney right away. Claims for workplace discrimination or harassment are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your racial discrimination case even if your case has merit.

If you have been the victim of harassing behavior that caused your workplace to become hostile, it is critical that you discuss the specifics of your case with an experienced employment lawyer. Not only may the discriminating party face serious consequences, you may be entitled to compensation such as back pay and punitive damages. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.