A hostile work environment can have a detrimental effect on the emotional, financial, and physical welfare of an employee. No worker should have to tolerate working in a hostile environment. At Fairchild Employment Law, our San Diego employment attorneys are dedicated to standing up for the rights of workers suffering from this form of harassment. Contact us to discuss your legal options during a free case evaluation.
Why Choose Us?
- Our lead attorney, Jillian Fairchild, has a strategic edge as a former defense attorney. She has extensive experience handling employer representatives and insurance adjusters.
- Our law firm is capable of taking hostile work environment cases to court if a powerful settlement cannot be reached.
- You won’t have to navigate any part of your hostile work environment claim alone. We will guide you through this challenging time with personalized care every step of the way.
- We accept hostile work environment clients in San Diego on a contingency fee basis, meaning we don’t charge our clients unless we win the case.
How an Attorney in San Diego Can Help
Hiring a hostile work environment attorney can give you the power and information you need to take a stand against workplace discrimination and hold an employer accountable for a hostile work environment. Your hostile work environment attorney can investigate your workplace, search for evidence of unlawful harassment, and file a claim in pursuit of financial compensation on your behalf.
The best attorneys will customize your legal strategy to achieve your individual case goals, such as whether or not you wish to pursue job reinstatement if you left due to an unsuitable workplace environment or were wrongfully terminated. The attorneys at Fairchild Employment Law always take the time to get to know clients so that we can achieve their desired case outcomes.
What Is Considered a Hostile Work Environment?
A “hostile work environment” is a type of employment harassment as described by Title VII of the Civil Rights Act of 1964 (among other laws). It describes a workplace plagued by discriminatory or harassing behaviors that are severe enough to make the environment offensive, abusive, or non-conducive to a worker’s productivity.
A hostile work environment in San Diego may contain one or more of the following:
Typically, minor annoyances or an isolated event in the workplace are not enough to constitute a hostile work environment unless it was a particularly serious or harmful incident. For the most part, it is only considered a hostile work environment if the issues are severe, persistent, pervasive, or long-standing.
- Harassment or discrimination based on color, race, sex, gender, or another protected class
- Toxic workplace culture
- Slurs, derogatory comments, bullying, or offensive jokes or remarks
- Verbal, emotional, or physical abuse
- Excluding an individual from meetings or projects
- Quid pro quo (this for that) harassment
- Unwanted physical or sexual contact
- Sexual harassment or assault
- Threats, intimidation, or blackmail
- Retaliation for complaining about discrimination or harassment
What Are Common Examples of a Hostile Work Environment?
A hostile work environment occurs when workplace conditions make it difficult for an employee to perform their job. The harassment must be severe enough to create an abusive atmosphere in some form, and it must be based on a protected characteristic such as race, sex, age, disability, or religion.
In California, common examples of a hostile work environment include:
- Offensive remarks about a protected trait
- Unwanted physical contact or sexual advances from colleagues
- Repeated derogatory comments about an employee’s gender, religion, or ethnicity
- Displaying or sharing offensive materials, such as emails, posters, and messages
- Unequal treatment regarding things like meetings and workplace opportunities
- Retaliation after an employee reports harassment
A single incident might not be enough to prove a hostile work environment (though it can under certain circumstances). However, if the behavior continues over time or if it is extreme enough to interfere with your ability to work, this may constitute illegal harassment under California law.
What Is the Difference Between Harassment and a Hostile Work Environment?
Although the terms are often used together, harassment and a hostile work environment are not identical. Harassment refers to the conduct itself, meaning offensive actions directed at an employee because of a protected characteristic. A hostile work environment describes the impact of that harassment on the employee’s ability to work.
For example, a supervisor who makes one inappropriate joke could be engaging in harassment, but if that behavior continues or spreads throughout the workplace, it can create a hostile environment.
Harassment can come from anyone in the workplace, including:
- Supervisors
- Managers
- Coworkers
- Contractors
- Vendors
- Clients
- Customers
Under California’s Fair Employment and Housing Act (FEHA), employers have a duty to prevent harassment and to take immediate action once they learn about it. This means that if you report harassing conduct and your employer fails to investigate or stop it, they can be held legally responsible.
How Do You Prove a Hostile Work Environment in California?
To prove a hostile work environment claim, you must show that the harassment was severe or frequent (pervasive) and that it was based on a protected characteristic. The key is demonstrating that the conduct went beyond minor annoyances and created an intimidating workplace in some way.
Evidence that can support your claim includes:
- Emails, text messages, and written communications showing offensive remarks
- Witness statements from coworkers who observed the harassment
- Performance evaluations and disciplinary records that changed after you reported the behavior
- Documentation of complaints made to your employer
Keeping a detailed record of what happened, when it happened, and who was involved is crucial. California employees typically have three years from the last instance of harassment to file a complaint with the California Civil Rights Department (CRD).
If you believe you’re working in a hostile environment, an experienced hostile work environment attorney in San Diego can help you gather the necessary evidence and work to hold your employer liable under state law.
Get Help With a Hostile Work Environment in San Diego – Contact Us
A hostile work environment can be severely damaging to your mental health, well-being, finances, and career. Take a stand with help from Fairchild Employment Law. We are passionate advocates for worker rights in San Diego.
We can help you go up against an employer, including a Fortune 500 Company or major corporation, for a toxic workplace environment that has made you feel unsafe or inhibited your ability to do your job. Contact us today to discuss your situation in detail with one of our knowledgeable attorneys. Initial case reviews are free and come with no obligation to hire us.