If you are a victim of a hostile work environment, you have rights. You may be entitled to compensation for damages you suffered, including emotional distress. To find out how an Irvine hostile workplace attorney can help you, contact Aegis Law Firm for more information.

Work can be a difficult environment even in the best of times. But when you are being harassed to the point that it affects your ability to perform your duties, then it becomes a problem. When harassment goes from a mere annoyance, to severe or pervasive, the result is a hostile work environment.

Irvine Hostile Workplace Attorney

How Aegis Law Firm Can Help Your Hostile Workplace Claim

At Aegis Law Firm, we understand how much harm a person can suffer in a hostile work environment, which is why we will fight for your case even when others won’t.

Aegis Law Firm is a team of experienced employment law attorneys assisting individuals wronged at work to get the justice they deserve.
We have held employers accountable to the tune of over $300 million in verdicts and settlements.
Our 99% success rate is testament to our passion, diligence, and dedication to our clients.

If you have been harassed at work and suffered harm because of a hostile work environment, call Aegis Law Firm at (949) 379-6250. Your initial consultation is free and we offer Spanish-speaking services. Call our Orange County employment law attorneys today to schedule your appointment.

What is a Hostile Work Environment?

In California, a hostile workplace is defined as harassment that creates a hostile, offensive, oppressive, or intimidating work environment that deprives a person of their right to work in a place free from discrimination. The harassment offends, humiliates, or distresses the victim in a way that affects their ability to perform their duties, or causes them to feel threatened. The victim does not have to prove that their productivity declined because of the harassment. It is enough for the victim to prove that a reasonable person subjected to the same conduct would find that it altered their working conditions and created difficulty in the same manner as for the victim.

Identifying Common Hostile Workplace Behaviors in Irvine

The following are the most common behaviors linked to a hospital work environment:

Verbal Abuse and Offensive Comments

One of the most obvious signs of a hostile workplace is verbal abuse, including:

Insults, slurs, or derogatory remarks targeting an employee’s protected characteristic (e.g., race, gender, or religion).
Yelling, shouting, or using aggressive language to intimidate or humiliate an employee.
Offensive jokes or comments that contribute to a toxic atmosphere, even if disguised as humor.

According to California Government Code § 12940(j)(1), such behavior constitutes harassment when it is severe or pervasive enough to create an intimidating work environment. Occasional teasing may not be enough, but repeated offensive comments can rise to the level of harassment.

Bullying and Intimidation

Workplace bullying involves repeated, unreasonable actions intended to demean, intimidate, or undermine an employee. Common forms of bullying include:

Threats of physical harm or aggressive gestures.
Spreading false rumors to damage an employee’s reputation or career.
Unjustified criticism or public humiliation, especially if it is persistent and targeted.

Although workplace bullying is not always illegal, it violates California Occupational Safety and Health Act (Cal/OSHA) standards if it creates an unsafe or hostile work environment.

Discriminatory Practices

Discriminatory practices that contribute to a hostile work environment include:

Unfair treatment in hiring, promotions, or work assignments based on race, gender, age, disability, or other protected characteristics.
Exclusion from team activities, meetings, or opportunities due to prejudice or bias.
Unequal pay or benefits for employees performing the same work under similar conditions.

Under FEHA, discriminatory practices that create a hostile work environment are illegal.

Sexual Harassment

Sexual harassment includes:

Unwelcome sexual advances or requests for sexual favors.
Sexually explicit jokes, comments, or gestures.
Displaying offensive images or materials in the workplace.
Unwanted touching or physical contact.

Sexual harassment becomes illegal when it creates a hostile work environment or when submission to such behavior is used as a basis for employment decisions, known as quid pro quo harassment.

Legal Requirement for Proving a Hostile Work Environment

The starting point for a hostile work environment claim is harassment based on a person’s protected status as provided for under California’s Fair Employment and Housing Act. A person who has been harassed because of their age, gender, religion, disability, or other protected status, and such harassment creates a work environment that is intimidating, abusive or hostile, must prove the following:

The accused harasser was an employee, intern, volunteer, or contractor of the employer
The victim was subjected severe and pervasive harassment because of their protected status
A reasonable person would have considered the work environment to be hostile and intimidating, just as the victim considered it
The accused harasser either participated in, assisted, or encourage the harassment
The victim was harmed, and the harassment was a substantial factor in causing their harm

People who are not members of a protected class may also find relief under the law if they were perceived to be a member, or associated with someone who was or was perceived to be a member, of the protected class. Even if you are not a member of a protected class, you should speak with a hostile workplace lawyer in Irvine if you are being intimidated by harassment at work.

Why You Need to Hire an Attorney

Navigating a hostile workplace claim can be complex and emotionally challenging. Hiring an experienced hostile workplace attorney is crucial for several reasons:

Understanding Your Legal Rights

A hostile workplace attorney helps you understand your legal rights and will identify whether the behavior constitutes illegal harassment or discrimination. They will then explain your legal options, including filing complaints or pursuing litigation.

Gathering Strong Evidence

Proving a hostile work environment requires substantial evidence, including:

Emails, texts, or recorded conversations showing offensive behavior or discriminatory remarks.
Witness statements from coworkers who observed the behavior.
Documentation of complaints filed with HR and the employer’s response.

An attorney helps you gather and organize evidence to strengthen your case and increase your chances of success.

Filing Complaints and Lawsuits

A hostile workplace attorney assists you with:

Filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
Navigating legal deadlines and ensuring all paperwork is correctly filed.
Representing you in court if your case proceeds to litigation.

Their skill and experience ensure that your case is handled professionally, minimizing the risk of legal errors or missed deadlines.

Maximizing Compensation and Damages

A skilled attorney can help you recover compensation for:

Lost wages and benefits due to wrongful termination or forced resignation.
Emotional distress and psychological harm caused by the hostile work environment.
Punitive damages to punish the employer for egregious misconduct.

An attorney negotiates with the employer to maximize your settlement or award and protect your future career prospects.

Protecting You from Retaliation

Under California Labor Code § 1102.5, employers cannot retaliate against employees for filing complaints or participating in investigations. A hostile workplace attorney will help you document any retaliatory actions taken against you and pursue additional claims for retaliation if your employer punishes you for asserting your rights.

Contact an Irvine Hostile Workplace Lawyer at Aegis Law Firm

If workplace harassment is threatening your peace in the workplace, it is time to speak with a hostile workplace attorney to discuss your legal options. Call (949) 379-6250 to schedule a free consultation with one of our expert attorneys.