A hostile work environment exists when unwelcome conduct, based on a protected characteristic such as race, sex, age, disability, religion, sexual orientation, or gender identity, is severe or pervasive enough to alter the terms and conditions of employment. After California’s 2019 amendments to FEHA, a single severe incident can be enough.
The conduct doesn’t have to be aimed personally at you. Exposure to ambient harassment — slurs, derogatory comments, offensive imagery, threats, or discriminatory jokes — can support a claim.
Employers are strictly liable for hostile environments created by supervisors. For non-supervisory conduct, employers are liable if they knew or should have known and failed to take prompt, effective corrective action. Available remedies include lost wages, emotional distress damages, punitive damages, and attorneys’ fees.
If you believe you have been subject to discrimination of harassment as a result of a hostile work environment, contact us immediately.