One of the most daunting situations a person can face during the course of employment is a hostile work environment. A hostile work environment renders it difficult or impossible to perform job duties. Indeed, many times the intent is to drive a person from a job. An experienced California hostile work environment lawyer can fight for your rights in this type of situation.
If you believe that you are the target of harassment that has resulted in the creation of a hostile work environment, the legal team at the Law Office of Labor Attorneys is here for you. You can reach our firm and a caring, experienced hostile work environment lawyer by calling (800) 337-7436.
Definition of Hostile Work Environment
Legally speaking, a hostile work environment is said to exist when the behavior or conduct of someone in the workplace creates an environment for a worker that is significantly uncomfortable. This conduct makes it difficult or impossible for the targeted worker to do a job. Coworkers, managers, and supervisors can all be responsible for creating what meets the legal threshold as being a hostile work environment.
Reasonable Person Standard to Demonstrate a Hostile Work Environment
As mentioned previously, the behavior or conduct that gives rise to what legally can be classified as a hostile work environment must be significantly harmful. Applicable law and associated court decisions have created a standard that is used to demonstrate the existence of this type of work environment. In order for a hostile work environment to exist, complained of conduct must be hostile, offensive, and intimidating to a reasonable person.
Situations in Which this Type of Harmful Workplace is Created
A number of scenarios can give rise to what legally is classified as a hostile work environment. In California and across the United States, one of the most commonplace underlying causes of a hostile work environment is sexual harassment. Supervisors, coworkers, and others can create a hostile work environment. If management or a business owner fails to address and curtail this type of harmful conduct and allows a hostile work environment to develop, that company can be held legal liable or responsible for in the injuries, damages, and losses suffered by a worker who is the target of this harassment.
While sexual harassment is a frequent underlying cause for the development of a hostile work environment, other types of conduct can result in that type of unacceptable and horrific employment setting as well. For example, retaliation creates a hostile work environment. For example, if an employee dutifully, lawfully served as a whistleblower in regard to some type of inappropriate or even unlawful conduct by a company or a person within a business, management may engage in conduct to retaliate against that worker. Rather than be openly direct in retaliating against such a worker (which would be patently unlawful), a sly management team might initiate actions that are far from obvious but that nonetheless create an untenable, hostile work environment for the whistleblower worker.
Other types of situations in which a hostile work environment might exist include:
- Age-based discrimination that rises to the level of creating a hostile work environment
- Gender-based discrimination (which oftentimes goes hand-in-hand with sexual harassment)
- Retaliation against an employee or employees who attempt to join a union
Justice and Accountability in a Hostile Work Environment Case
Justice and accountability in a California hostile work environment case can come in a number of different forms. From a legal standpoint, justice and accountability in this type of situation can take the form of “compensatory relief,” “equitable relief,” or a combination of both.
Money awarded for actual losses is compensatory damages. In an employment law claim of this nature, a seasoned, tenacious California hostile work environment attorney may seek compensation for losses, injuries, and damages that may come in a number of different forms that include:
- Lost wages
- Missed benefits
- Lost workplace opportunities
- Mental anguish and emotional distress
Punitive Damages in a Hostile Work Environment Case
In a hostile work environment lawsuit, a worker might get punitive damages. Punitive damages are compensation above that for for actual losses. Particularly egregious conduct can result in punitive damages.
Punitive damages add an additional punishment in a a hostile work environment case. In addition, punitive damages provide a warning to other employers.
You learn more from an experienced hostile work environment lawyer at (800) 337-7436.
Equitable relief includes a worker getting a job back. It might also take the form of a promotion.
The possibility also exists that justice includes both compensatory and equitable relief. For example, a worker obtains both compensation and job reinstatement.
Learn About Your Vital Legal Rights with an Experienced Labor Attorney
You can schedule an initial consultation with an experienced California hostile work environment lawyer by calling the Law Offices of Labor Attorneys at (800) 337-7436. An appointment with a California hostile work environment attorney can be scheduled any time that is convenient for you.
Bear in mind that there are timelines and deadlines associated with a hostile work environment claim. Therefore, you need to be proactive in seeking the professional assistance of an experienced hostile work environment attorney.
In a consultation, you obtain information that includes:
- Overview of U.S. and California hostile work environment law
- Explanation of your rights in a U.S. and California hostile work environment case
- Answers to your questions about a hostile work environment and your legal interests
There is no charge for an initial consultation with a California hostile work environment lawyer. In fact, our firm never charges a fee unless we win your California hostile work environment case for you.
