Hostile Work Environment

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. (Gov. Code, § 12940). The unwelcome behavior must be based on a protected characteristic, which can include:


Examples of behavior that can contribute to a hostile work environment include:

  • 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;
  • Displaying offensive objects or pictures;
  • Bullying or intimidation tactics, especially when directed at an employee due to their race, gender, or other protected characteristics.


Unlike isolated 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. To be actionable, the conduct must be both subjectively (to the employee) and objectively (to a reasonable person in the employee’s position) offensive.

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 employees, which means employees of most businesses in California are subject to its protections. Under FEHA, it is illegal for an employer to:
    • Discriminate against employees on the basis of their disability, sex, race, age, or other protected characteristic;
    • Allow or fail to take reasonable steps to prevent a work environment that is hostile, intimidating, or offensive due to such discriminatory conduct.
  • Title VII of the Civil Rights Act of 1964 In addition to state protections offered under FEHA, employees in California are also shielded by Title VII of the Civil Rights Act of 1964, a federal law that applies to employers with fifteen (15) or more employees. Similar to its state counterpart, Title VII prohibits discrimination in employment based on race, color, national origin, sex, and religion, and it includes protections against harassment that creates a hostile work environment.
  • The California Labor Code Additional protections against hostile work environment and related retaliation are found in California’s Labor Code. For instance, employers cannot retaliate against employees who complain about experiencing harassment or discrimination in the workplace (see, e.g., Labor Code section 1102.5). Doing so is itself a violation of the law and can lead to a separate claim for retaliation.

How Brightwood Law Group, PC Can Help You Combat a Hostile Work Environment

Enduring a hostile work environment can be isolating and damaging to your well-being and career. At Brightwood Law Group, PC, we provide comprehensive legal support to employees facing such situations. We can help you by:

  • Evaluating Your Situation: Confidentially discussing the conduct you’ve experienced to determine if it meets the legal standards for a hostile work environment.
  • Advising on Your Rights & Options: Explaining your protections under FEHA, Title VII, and other relevant laws, and outlining potential courses of action, such as internal complaints, agency filings, or legal action.
  • Assisting with Reporting: Guiding you on how to effectively document and report the harassment to your employer, if appropriate, to trigger their duty to investigate and correct the behavior.
  • Negotiating Resolutions: Seeking to resolve the situation through negotiation with your employer, which may include changes in workplace conditions, transfer of the harasser, compensation for damages, or other remedies.
  • Aggressively Litigating Your Claim: If necessary, we are prepared to file claims with agencies like the California Department of Civil Rights (CRD) (formerly DFEH) and pursue litigation to hold your employer accountable and secure the justice you deserve.
  • Protecting You from Retaliation: Ensuring your employer understands they cannot legally retaliate against you for reporting a hostile work environment, and taking swift action if they do.


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 to 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.

Take Action to Stop Workplace Hostility. Contact Brightwood Law Group, PC today for a confidential consultation to discuss your experience and learn how we can help you. Call us at (310) 895-9075 or fill out our online contact form.

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