What is a hostile work environment?
The term “hostile work environment” refers to the conduct of a sexual nature that is degrading, offensive or threatening to the victim and interferes with his or her ability to function and be comfortable at work. The behavior must be long-lasting and not limited to an odd remark. Bad conduct is also pervasive and severe.
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A hostile work environment can be created by:
- Physical harassment, including sexual assault or rape, inappropriate touching and/or groping
- Verbal harassment, such as inappropriate comments or catcalls
- Stalking
- Sharing of pornographic material through email or chat features, or watching pornographic material in the workplace
- Threatening behaviors
The perpetrator(s) may be superiors, such as a boss or supervisor, co-workers or even clients.
Employer liability for creating a hostile work environment includes more than just actual knowledge of the harassment. Employers can be held responsible if they could have learned about the harassment by following up on employee complaints or reports by a supervisor lower in the chain of command. Employers must take prompt and effective action to correct sexual harassment. This means taking steps to end the harassment and prevent it from occurring again.
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Victims may fear losing their job if they report the harassment
On top of the psychological effects of toiling in a hostile work environment, victims may fear losing their job if they report the highly inappropriate, abusive and illegal behavior of their abuser(s). No sexual harassment victim should be forced to continue at a job with an unsafe work environment that interferes with his or her sense of personal autonomy. Fear of retaliation is a basis for bringing a hostile sexual harassment claim. Our Los Angeles hostile work environment lawyers work to prove that the fear was justified based on statements or conduct by the abuser, the corporate culture at large, or specific actions or inactions of the human resources department.