A hostile work environment is one of the most insidious forms of workplace misconduct, and California law provides strong protections for employees who face harassment that makes their working conditions intolerable. In California, both state and federal laws protect employees from hostile work environments, especially when the conduct is based on discriminatory factors such as sex, race, religion, disability, age, or other protected characteristics.
What Constitutes a Hostile Work Environment?
Under California law, a hostile work environment occurs when unwelcome and discriminatory conduct in the workplace is so severe or pervasive that it creates an intimidating, offensive, or oppressive environment for an employee. (Link Gov. Code. 12940). The unwelcome behavior must be based on a protected characteristic, which can include:
- Sex (including gender and sexual harassment);
- Race;
- Religion;
- Age
- Disability;
- National origin;
- Sexual orientation;
- Gender identity or expression
- Unwelcome sexual advances or inappropriate touching;
- Racial or ethnic slurs or jokes;
- Derogatory comments or insults based on an individual’s religion, gender, or disability;
- Bullying or intimidation tactics, especially when directed at an employee due to their race, gender, or other protected characteristics
Unlike individual instances of offensive or inappropriate behavior, a hostile work environment is generally characterized by a pattern of harassment that affects the employee’s ability to perform their job. This could include offensive jokes, slurs, unwanted physical contact, derogatory comments, or other forms of verbal or physical abuse targeted at an employee because of their membership in a protected class.
Key California Provisions Protecting Employees from Hostile Work Environment
Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA), codified in Government Code Section 12940, prohibits employers from creating or allowing a hostile work environment based on any of the protected characteristics listed above. FEHA applies to employers with five (5) or more businesses, which means employees of small businesses with five or more employees are subject to its protections. Under FEHA, it is illegal for an employer to:
- Discriminate against employees on the basis of their sex, race, age, or other protected characteristic;
- Allow a work environment that is hostile, intimidating, or offensive due to such discriminatory conduct
Title VII of the Civil Rights Act of 1964
The California Labor Code
Additional protections against hostile work environment are found in California’s Labor Code, particularly Section 232 and Section 1102.5, which offer protections against retaliation when employees complain about experiencing harassment or discrimination in the workplace. Employers cannot retaliate against employees who report harassment, and doing so is itself a violation of the law.
At Brightwood Law Group, PC, we recognize the profound emotional and professional impact that a hostile work environment imparts on victims, and we believe no one should have to experience harassment or discrimination at work. If you are a victim of harassment or discrimination at your workplace, it is crucial for you understand your legal rights and speak with attorneys that not only understand the law, but those that deeply care about your wellbeing and road to legal recovery.
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