Hostile Workplace

A difficult boss is not illegal. Harassment based on who you are is. California law protects employees from a hostile work environment, and employers can be held responsible for harassment by supervisors, coworkers, and even customers.

Smith Trial Group represents employees throughout Orange County and Southern California in harassment and hostile work environment cases, including sexual harassment and harassment based on race, religion, disability, age, and other protected traits.

On this page: What counts · The legal standard · Employer liability · What to do · FAQ

What Counts as a Hostile Work Environment

Under the California Fair Employment and Housing Act, a hostile work environment exists when harassment based on a protected characteristic, such as sex, race, national origin, religion, disability, age, or sexual orientation, is severe or pervasive enough to alter the conditions of employment. Examples include:

• Slurs, jokes, or derogatory comments about a protected trait
• Unwanted sexual comments, advances, or touching
• Offensive images, messages, or gestures
• Threats, intimidation, or physical interference
• Sabotaging work because of a protected trait

The Legal Standard in California

California law is more protective than federal law. The Legislature has made clear that a single incident of harassment can be enough to create a hostile work environment, and that an employee does not need to show their productivity declined. Harassment protections apply to employers of any size, and individual harassers can be held personally liable.

When the Employer Is Responsible

• Supervisors: employers are strictly liable for harassment by a supervisor.
• Coworkers and non-employees: the employer is liable if it knew or should have known about the harassment and failed to take immediate and appropriate corrective action.

Employers also have a duty to take reasonable steps to prevent harassment, and retaliating against someone who reports it is separately unlawful. See retaliation.

What to Do

1. Write down each incident: dates, what was said or done, and witnesses.
2. Save texts, emails, and messages.
3. Report the harassment according to your employer’s policy, in writing if possible.
4. Talk to a lawyer about your options, especially before resigning.

Most FEHA claims must first be filed with the California Civil Rights Department (CRD), generally within three years, before a lawsuit can be filed. Other employment claims have their own deadlines, some much shorter. Talk to a lawyer promptly.

Helpful resources: California Civil Rights Department · EEOC: Harassment

Examples of Conduct That Can Create a Hostile Work Environment

• Repeated slurs, insults or “jokes” about race, sex, religion, national origin, age, disability or sexual orientation.
• Sexual comments, unwanted touching or explicit images.
• Threats, intimidation or physical aggression connected to a protected characteristic.
• Mocking an accent, religious practice, disability or appearance.
• Displaying offensive symbols, images or messages.

What Is Usually Not Enough

A hostile work environment claim under California law requires harassment based on a protected characteristic. A demanding, rude or unfair boss who treats everyone badly is not, by itself, illegal harassment. However, mistreatment that is aimed at you because you complained, took protected leave or reported a violation of law may be unlawful retaliation. See workplace retaliation.

If You Feel Forced to Quit

If the conditions became so intolerable that a reasonable person would feel compelled to resign, the law may treat the resignation as a termination, known as constructive discharge. Talk to a lawyer before resigning if possible, because how and when you resign can affect your claim. See constructive discharge.

Damages

Employees who prove a hostile work environment can recover emotional distress damages, lost wages if the harassment led to termination or resignation, punitive damages in appropriate cases, and attorney’s fees. Individual harassers can also be personally liable under California law.

Deadlines

FEHA claims generally require a complaint with the California Civil Rights Department within three years of the harassment. See how long to sue your employer.

Frequently Asked Questions

My manager is rude to everyone. Is that a hostile work environment?

General rudeness is not unlawful harassment unless it is based on a protected characteristic. A consultation can help sort out whether the conduct crosses that line.

I quit because the harassment was unbearable. Do I have a claim?

Possibly. If conditions were so intolerable that a reasonable person would resign, the resignation may be treated as a termination.

Related guides: How to report sexual harassment · Constructive discharge