Understanding California’s Hostile Work Environment Laws

California employees have the right to a workplace free from harassment, discrimination, and retaliation. When an environment becomes so toxic that it interferes with an employee’s ability to perform their job, it may be considered a hostile work environment. 

If you or a loved on have experienced mistreatment in your workplace, contact our Orange County hostile work environment lawyers to discuss your legal options today.

What Is a Hostile Work Environment?

A hostile work environment occurs when harassment or discriminatory behavior creates an atmosphere that is intimidating, offensive, or abusive. For a workplace to meet the legal definition of “hostile,” the conduct must:  

• Be severe or pervasive enough to interfere with an employee’s ability to perform their duties.  
• Be based on a protected characteristic, such as race, gender, age, disability, religion, national origin, or sexual orientation.  

Mild annoyances, isolated incidents, or workplace disagreements typically do not qualify unless the behavior is severe or part of a pattern of harassment.  

Key Laws Protecting California Employees

California has some of the strongest laws in the nation protecting employees from hostile work environments:  

Fair Employment and Housing Act (FEHA) 

FEHA prohibits harassment and discrimination based on protected characteristics and requires employers to take steps to prevent and address workplace harassment.  

Title VII of the Civil Rights 

At the federal level, Title VII also prohibits workplace harassment based on protected categories, which are race, color, religion, sex (including gender identity and sexual orientation), or national origin.

California Labor Code 

The California Labor Code protects employees from retaliation for reporting workplace misconduct or exercising their legal rights.  

Under these laws, employers are required to maintain a safe and respectful workplace and address any complaints of harassment promptly and effectively.  

Legal Rights of Victims of Hostile Work Environments

Under the above laws, employees who experience a hostile work environment have the right to:

Work Free from Harassment

Employers must ensure a workplace free from harassment and take corrective action when complaints are made.

Report Misconduct Without Retaliation

It is illegal for employers to retaliate against employees who report a hostile work environment or participate in investigations.

File Complaints with Agencies

Employees can file complaints with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) if their employer fails to act.

Seek Compensation

Victims may pursue damages for emotional distress, lost wages, and punitive damages in egregious cases.

To protect your rights, document incidents, report the issue, and consult our Orange County hostile workplace lawyer. 

Examples of Hostile Work Environment Behavior

The following behaviors are often signs of a hostile work environment:  

• Harassment: Repeated unwelcome comments, jokes, or gestures based on race, gender, or other protected characteristics.
• Sexual Harassment: Inappropriate touching, sexual advances, or sexually explicit comments.
• Discrimination: Unequal treatment in assignments, promotions, or pay based on a protected category.
• Retaliation: Punishing employees for reporting harassment or discrimination, such as demotion, wrongful termination, or exclusion from opportunities.

As an example, suppose a manager makes frequent derogatory comments about an employee’s disability and the employer fails to address the behavior despite complaints.  

Steps to Take If You Face a Hostile Work Environment

• Document the Behavior: Keep a record of incidents, including dates, times, witnesses, and specific details of the behavior.
• Report the Issue: Notify your employer or HR department. Most employers have procedures for handling harassment complaints.
• File a Complaint: If the employer fails to address the issue, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
• Seek Legal Advice: Consult our Orange County hostile workplace attorneys to evaluate your case and discuss legal options.