No job is free of conflict. Dealing with uncomfortable, challenging, and tense situations is a part of the working world today. However, when your work environment regularly leaves you anxious, scared, or intimidated, that’s a red flag.
The stress of a workplace that feels toxic or unsafe can take a toll on your job performance and have consequences for your mental and physical health. It may also be a violation of your rights under California law. Employees who experience unlawful hostile work environments can take legal action and hold their employer accountable for the harm suffered on their watch.
This blog post will explain California employees’ legal options when it comes to toxic or abusive work environments. We’ll address some common concerns our attorneys hear from our clients, including:
- Can you sue for a toxic work environment?
- What makes a work environment illegally hostile?
- How do you take legal action against a toxic or hostile employer?
If you have specific questions or concerns about your situation, it’s best to consult with a legal professional directly. Contact Tomorrow Law™ to schedule a free, no-obligation consultation with one of our Los Angeles employment lawyers today.
Can You Sue for a Toxic Work Environment in California?
This is among the most frequently asked questions employees bring to our lawyers. However, answering it can be complicated.
Many different factors and behaviors can make a workplace feel toxic, unwelcoming, and even abusive. Industries that involve fast-paced or high-pressure work—e.g., healthcare, law enforcement, hospitality—are often at risk of fostering toxic behaviors among employees. These may include:
- High levels of competition among coworkers,
- Lack of transparency from management,
- Decisions made based on favoritism,
- Unreasonable deadlines,
- Fear of punishment for speaking out,
- Absence of support systems for employees,
- High turnover rates, and
- No respect for work-life balance.
Unfortunately, California law doesn’t protect employees from unpleasant or emotionally harmful work environments. However, under California law, employees can sue an employer if their toxic workplace qualifies as an illegal hostile work environment.
California’s Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is the primary state law protecting California employees from discrimination and harassment in the workplace.
FEHA considers a hostile work environment a form of illegal harassment. According to FEHA, a hostile work environment occurs when one or more employees face unwelcome treatment that:
- Is severe and frequently repeated;
- Creates an intimidating, abusive environment that prevents an employee from performing their job normally; and
- Is based on an employee’s membership in a protected class.
This last point is essential. Toxic behavior must target a class or characteristic protected by state law to qualify as a hostile work environment. Under FEHA, protected classes and characteristics include:
- Race,
- Religion,
- National origin,
- Ancestry,
- Genetic information,
- Age (if over 40),
- Gender identity or expression,
- Sexual orientation,
- Pregnancy,
- Disability,
- Medical condition,
- Marital status, and
- Military status.
Beyond these groups, California law also prohibits hostile behavior toward employees who report FEHA violations, such as workplace discrimination. This kind of mistreatment is called retaliation, and it’s just as illegal as harassment motivated by someone’s race or religion.
When toxic behavior meets the definition of a hostile work environment, employees can sue to hold an employer accountable for violating their rights under FEHA.
How Do You Initiate a Toxic Work Environment Lawsuit in California?
Filing a lawsuit is a big decision that requires careful thought. Here is an overview of the steps involved in a hostile work environment lawsuit.
Contacting a Lawyer
If you’re considering a lawsuit against your employer, the support of a qualified lawyer is essential. An employment attorney familiar with California law can listen to your story and evaluate the strength of your potential toxic work environment lawsuit. A lawyer can also help you understand all your rights and options under state and federal employment law to prepare you to make informed decisions moving forward.
Gathering Evidence
A successful hostile work environment claim requires strong evidence. This means collecting physical proof and witness testimony showing that:
- You faced unwanted treatment based on a protected characteristic,
- The unwanted treatment wasn’t trivial or simply annoying,
- The unwanted treatment happened repeatedly, and
- The treatment disrupted your job performance and emotional well-being.
Many types of evidence can help prove these elements. They can include emails, memos, digital messages, physical notes, drawings, performance evaluations, and medical records. Testimony from witnesses who saw or experienced mistreatment is vital to supporting your case.
Filing an Administrative Claim
Under state law, employees who want to sue for hostile work environment harassment must first file a claim with California’s Civil Rights Department (CRD). The CRD will investigate your claim and give you a right-to-sue notice. Only then can you move forward with your lawsuit.
Be aware that you must submit your claim within three years of the hostile behavior, or you will lose your chance to sue.
Preparing for Lawsuit
Once you have permission from the CRD, you can officially file suit against your employer. Using documentary evidence, witnesses, and legal arguments, your attorney will build a case showing how your employer failed to correct the hostile environment in your workplace. Your lawyer will negotiate with your employer’s legal representatives to see if they can agree on a settlement and fair compensation. Otherwise, they will go to trial to present your case in court.
Employees who successfully file hostile work environment claims can recover compensation for lost wages, employment benefits, emotional distress, and pain and suffering.
Skilled Legal Advocates Defending Your Rights
At Tomorrow Law™, we understand how intimidating it can be to speak out about toxic workplace behavior. However, when your livelihood and mental health are on the line, staying silent is not a good option. Fortunately, you don’t have to take on this burden alone.
The attorneys at Tomorrow Law™ are dedicated to helping California employees stand up and speak out against hostile and abusive workplaces. Our advocates are aggressive and compassionate representatives with years of experience fighting for clients who’ve suffered discrimination and harassment at work. We do not charge a fee unless we can win you compensation. If you’re concerned about your rights at work, contact our office today to schedule a free consultation.
David Bibiyan, a top attorney at Tomorrow Law™, specializes in employment law, fiercely defending employees in cases of discrimination, harassment, wrongful termination, and wage issues. Known for his deep legal knowledge and dedication, he consistently secures favorable outcomes through skillful negotiation and litigation. His passion for justice drives his commitment to workers’ rights and fair employment practices.
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