Workplace harassment is not a joke. Yet, sometimes people who complain about hostile work environments are told they just do not have a sense of humor.
This kind of response is not only a cop-out but may also be unlawful. Employers across California and throughout the country have legal responsibilities to take harassment complaints seriously. When they shrug off harassing behavior as simple teasing or joking, they violate their workers’ core rights on the job.
At Justice Law Corporation, our California discrimination lawyers help working people fight back against harassment. We are seasoned attorneys who have dedicated our careers to assisting people in employment cases and have a strong track record of successful outcomes.
State and federal workplace laws generally prohibit harassing behavior based on workers’ protected characteristics, such as race, gender, disability, and religion. The laws require employers to take action to prevent harassment in the first place and to stop harassment when it happens. Employers who do not meet these legal obligations are liable for the consequences.
Speaking up about harassment at work can be daunting for anyone, especially if you rely on your job to support yourself and your family. The good news is that you do not need to go it alone. Our lawyers can help you understand your rights and options, evaluate your claim, and take action.
What is Harassment?
Workplace harassment involves unwelcome conduct directed at an employee because of a legally protected characteristic. Under California law, protected characteristics include:
- Race or ethnicity
- Gender or gender identity
- Sexual orientation
- Religion
- Disability
- Age (40 and over)
- National origin
- Pregnancy
- Marital status
- Military or veteran status
Harassment can come from supervisors, coworkers, clients, or even third parties. The harasser does not have to be your direct manager for the behavior to be illegal.
Is it a Hostile Work Environment?
“It was just a joke” is a common refrain in many workplace harassment situations. While different people may have different ideas about what is funny, the law sets an objective standard for what qualifies as harassment.
Most harassment claims are based on the premise that the behavior at issue created a “hostile work environment.” That means the conduct is so severe or pervasive that it interferes with an employee’s performance or creates an intimidating, hostile, or abusive atmosphere. The question is whether a standard employee faced with the same circumstances would consider the environment hostile.
To qualify as a hostile work environment under California law, the conduct must generally meet the following criteria:
- Unwelcome
- Based on a protected characteristic
- Severe or pervasive
- Interferes with your work environment
“Jokes,” slurs, and insults are often prevalent in these situations, especially when they focus on race, nationality, gender, or other protected characteristics. Jokes that are sexual or crude in nature often cross the line into harassment. So too do those that stem from offensive stereotypes. General bullying or rude behavior is unacceptable and should be nipped in the bud, but it may not be illegal unless tied to a protected trait.
Many harassment claims are based on repeated conduct, such as ongoing jokes, slurs, or inappropriate comments. The behavior builds over time, creating a hostile work environment. In other situations, however, a single incident may be serious enough to create a hostile environment. This is typically reserved for situations involving physical assaults or explicit threats.
Employers Cannot Laugh Off Harassment
Employers have a legal duty to take reasonable steps to prevent and correct harassment. That includes harassment that the employer knew about or should have known about. Employers are also generally responsible for harassment by managers.
Employers who receive harassment complaints from employees are required to treat them seriously. Waving the alleged behavior off as a simple joke will not do.
If the employee alleges conduct that would likely be considered harassment if true, the employer must perform a full and fair investigation. The employer must determine what happened, including by talking to the accused harasser and potential witnesses, and take action based on its findings.
A key part of California and federal workplace harassment laws is that they also protect employees from retaliation for speaking up. That includes employees who complain about harassment and those who support others who do so.
The laws shield employees from a wide range of retaliatory actions, such as:
- Demotion or pay cuts
- Reduced hours or undesirable schedules
- Assignment changes
- Negative performance reviews
- Increased scrutiny or discipline
- Denial of benefits
- Hostile treatment
If an employer’s action would discourage a reasonable worker from speaking up, it may qualify as retaliation.
What You Can Do
Workers who have been discriminated against on the job or subjected to hostile work environments have the right to file claims and pursue lawsuits against their employers. They also have the power to unite and fight back.
Employment class actions are lawsuits in which groups of workers who pursue similar claims sue their employers collectively. Class actions help working people level the playing field with massive corporations with vast resources and small armies of lawyers in their corners.
A class action is appropriate when many workers experience the same legal violation in the same way. Take, for example, a group of workers in the same factory or office setting, where racist jokes or sexual propositions are commonplace, and the employer has shrugged off complaints. These employees have the right to join together in a class action against their employer, alleging that they have been subjected to a hostile work environment.
Our California Discrimination Lawyers Can Help
If you believe that you are being discriminated against on the job, whether it is by being passed over for a position, underpaid in your role, or by being subjected to harassment, you do not need to go it alone. A California discrimination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California discrimination lawyer.
