Over the many years that I have dealt with the intricacies of the laws established under the Fair Employment and Housing Act (FEHA), I have noticed that often, potential clients have done some research regarding their situation before they seek assistance from a lawyer.
In some cases, they may have heard or seen terms of art used in an employment-related matter and interpreted the “term of art”(a word or phrase that has a particular meaning) to mean something other than what it means in an employment law setting. One such term is “hostile work environment”.
Generally, I believe most people have experienced a generically hostile work environment. A boss who often yells at everybody and constantly puts people on edge; a co-worker who has a body odor problem. These types of things can be nerve-wracking and hostile. But these types of often serious annoyances do not constitute hostile work environments in the legal sense.
Protected categories under California employment law include age, race, gender, ethnicity, disability, sexual orientation, and religion. For a hostile work environment to exist, the hostile behavior has to be tied to one or more of these protected categories.
Hostile work environment is defined under the FEHA laws as inappropriate severe or pervasive harassment that creates an offensive or abusive work environment for one or more employees. There are two main elements that need to be proven to prevail with such a claim. 1) The actions were repetitive or occurred repeatedly. 2) The severe or pervasive conduct must be targeted at a protected characteristic or trait. So, occasional or isolated incidents would probably not meet the burden.
In the workplace, a supervisor or co-worker who harasses a person or persons by targeting a protected trait, which offends someone or many, may be creating a hostile work environment under FEHA laws. The offended person(s) need not necessarily be a member of the protected class. I am sure you can imagine or maybe have experienced such a situation.
This is intended to be a very general, basic discussion of this term of art. There are many in the law, and many relating to employment law. If you are in a hostile work environment that does not meet the legal definition, your recourse is with the company. Check the employee manual as there may be a stated policy regarding the issue that you can take to your supervisor or HR to be addressed.
If, on the other hand, you believe you may be experiencing a hostile work environment under the law, contact our firm. We are experienced at dealing with all employment matters including wrongful termination, FEHA, Title VII, wage-and-hour enforcement, and federal employee representation.