Hostile Work Environment

Bad work environment? Never a good thing. Is it a hostile work environment? Maybe. Read on for more.

There is a misconception about what a hostile work environment is. It’s not a boss or a co-worker being nasty or bullying or just not being a nice person, unless it meets a legal test. 

In California, the behavior must occur because of a protected classification of the person, and the behavior generally must be pervasive or severe. 

Protected characteristics (in California) include sex, gender, race, ethnicity, color, national origin, religion, ancestry, and physical and mental disabilities. These protected characteristics are the same characteristics that apply to wrongful termination, age discrimination, and other types of discrimination and retaliation.  

Hostile work environment applies when a manger or colleague treats an employee badly based on a protected trait; discrimination occurs when a manager or supervisor treats an employee differently because of traits or perceived traits and causes different treatment within a job role. 

However, there is no law against harassment or nasty or bad treatment of employees otherwise.  Such non-protected class harassment may result in anxiety and stress and physical and mental health issues; for these issues, the employee can file a workers’ compensation claim, a disability claim, and/or apply to take a leave. But there is no right to sue.

Have a potential hostile work environment claim? 

Contact Michael Trust Law, APC today to discuss your situation.