A hostile work environment can materialize in many ways. It is often created by a supervisor. A successful claim for a hostile work environment requires the following:
- You have to belong in a Protected Class;
- Experience unwanted conduct because you belong in a Protected Class;
- The unwanted conduct is so severe and pervasive that is affects your ability to perform your job duties;
- The conduct has to be both subjectively and objectively hostile or abuse.
So What Qualifies as a Hostile Work Environment?
California prohibits discrimination based on age (40 or older), gender, sexual orientation, disability, medical condition, religious beliefs, national origin or race. Belonging to any one of these categories places a person in a protected class. Many times, an employee may be subject to unwanted conduct because the person belongs to a particular protected class. The conduct is unwanted when a person has not solicited it; however, if such conduct occurs once or twice, it may not be sufficient to qualify as a hostile work environment.
The conduct has to be so severe or pervasive that is actually affects a person’s work environment such that a person is basically unable to perform their job functions. Last, the work environment has to be both subjectively and objectively hostile. This means that not only does the person experiences the unwanted conduct have to think that the conduct creates a hostile work environment, but that a person with reasonable sensibilities thinks so too.
When you are subject to a hostile work environment, it is time to call an attorney. The Orange County Employment Lawyer at The Law Office of George Moschopoulos, APC is waiting for your call. Don’t hesitate and call today for a FREE 30-minute phone consultation.