Hostile Work Environment

Irvine Hostile Work Environment Attorneys

Protecting Your Right to a Harassment Free Workplace

If you have been mistreated in the workplace, harassed, or feel unsafe when you go to work, Badame Law Group can help. We work to hold employers responsible for allowing the hostile work environment to continue, especially after incidents have been reported.

Reach out to our Irvine hostile work environment lawyers today at (949) 393-4249 to discuss your situation and learn how we can help.

What Qualifies as a Hostile Work Environment?

In employment law, there are many situations that fall under the category of a hostile work environment. An offhand remark or annoying behavior from coworkers does not necessarily rise to the legal definition of a hostile work environment.

To qualify as a hostile work environment under the law, the behavior must be:

  • Discriminatory in nature
  • Pervasive, persistent, and severe
  • Disruptive to the victim's ability to work
  • Known by the employer, and the employer does not sufficiently intervene

Common Examples of a Hostile Workplace Environment

Simply put, a hostile work environment is one in which an employee is being harassed or feels intimidated or threatened. This can be because of a supervisor, employer, or co-worker.

Examples of behavior in a hostile work environment, include:

  • Ethnic or racial slurs
  • Unwanted touching
  • Rude jokes or gestures
  • Leering and unwanted advances
  • Putting offensive content on display
  • Vulgar statements or jokes
  • Requesting sexual favors
  • Demanding sexual quid pro quos
  • Jokes about someone's religion/age
  • Mocking someone's disability
  • Catcalling

How to Prove a Hostile Work Environment Claim

    To prove you are working in a hostile work environment, you need to show that the behavior rose to the definition of hostile, i.e. was severe, pervasive, and persistent as well as discriminatory.

    In such a case, it is important to keep records of all communications regarding your situation. This means any emails, voicemails, memos, letters, etc. that contain harassing language. This also includes any communication between you and your supervisor or Human Resources (HR) informing them of the incident(s).

    Keep in mind that communication is not limited to the workplace or work hours. Any unwelcome communication you receive at home or outside work hours is still relevant. Such communication can also show how extensive the harassment may be.

    You will then want to report your claim to your HR department or workplace's internal complaint system. While they may not take adequate action to stop the harassment, bringing the claim to your workplace first can strengthen your case later in court. Additionally, you are legally protected from retaliation for reporting the harassment.

    If can then take this information to your employment attorney. Your lawyer can work with you to develop your hostile work environment case.

    Holding Employers Responsible for a Hostile Work Environment

    If you are a victim of a hostile work environment, the first thing you should do is report it to your employer. Ensure this report is in writing with a clear paper trail.

    Submitting a report is especially important in situations involving a co-worker or supervisor, Your employer is responsible for taking action as soon as possible and if they fail to do so, you may have grounds for a lawsuit. With a report, you can illustrate that your employer was aware of the harassment.

    It is important that you do not quit your job unless it becomes totally necessary so that we can effectively pursue your case. If you are terminated due to reporting a hostile work environment, you may be able to pursue a wrongful termination case.

    Do not endure a hostile work environment any longer. Call our Irvine law firm at (949) 393-4249 or fill out our online contact form for strong legal representation.

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