What is "Hostile Work Environment"?
One of the most misunderstood terms in employment law is "hostile work environment". Many, if not most, people asssume that if any of their co-workers or managers is literally hostile toward them, i.e. - not bieng nice or friendly, this makes it an illegal "hostile work environment".
However, legally "hostile work environment" is a term of art that requires proof of specific legal elements of a claim.
To have a claim for hostile work environment, a conduct toward an employee by another employee or manager must be (1) sufficiently severe and pervasive as to alter a reasonable person's working conditions; and (2) be motivated by disciminatory reason. In other words, being treatly badly is not illegal; being treated badly enough because the alleged victim's race, gender, sexual orientation, disabilitiy, etc.
Generally, a single or isolated incident, such as racial or sexual jokes alone are not sufficient to substantial a hostile work environment claim, as the conduct must be sufficiently "pervasive". In some, cases, however, a single incident might be enough (i.e. where the incident is sufficient egrigious, where the harasser is the manager, and where demotion or termination follows shortly after the incident and is clearly motivated by that incident). It is also important to keep in mind the "reasonable person" standard; i.e. - whether the courts don't rely on an employee's subjective feelings of being harassed but apply an objective standard to the extent possible.
There is no bright right rule as to what conduct is considered severe and pervasive. However, many prior decisions of California courts provide a pretty good guidance on what kind of evidence is need to support a hostile work environment claim. If you believe that you are subjected to a hostile work environment, you shoud consult with a reputable employment lawyer to discuss what your options are, as far as addressing and remedying the situation.
However, legally "hostile work environment" is a term of art that requires proof of specific legal elements of a claim.
To have a claim for hostile work environment, a conduct toward an employee by another employee or manager must be (1) sufficiently severe and pervasive as to alter a reasonable person's working conditions; and (2) be motivated by disciminatory reason. In other words, being treatly badly is not illegal; being treated badly enough because the alleged victim's race, gender, sexual orientation, disabilitiy, etc.
Generally, a single or isolated incident, such as racial or sexual jokes alone are not sufficient to substantial a hostile work environment claim, as the conduct must be sufficiently "pervasive". In some, cases, however, a single incident might be enough (i.e. where the incident is sufficient egrigious, where the harasser is the manager, and where demotion or termination follows shortly after the incident and is clearly motivated by that incident). It is also important to keep in mind the "reasonable person" standard; i.e. - whether the courts don't rely on an employee's subjective feelings of being harassed but apply an objective standard to the extent possible.
There is no bright right rule as to what conduct is considered severe and pervasive. However, many prior decisions of California courts provide a pretty good guidance on what kind of evidence is need to support a hostile work environment claim. If you believe that you are subjected to a hostile work environment, you shoud consult with a reputable employment lawyer to discuss what your options are, as far as addressing and remedying the situation.
