You Have the Right to Work Without Harassment
A hostile work environment is a serious legal violation. If harassment at your workplace has made it difficult to do your job, California law may protect you — and we may be able to help.
Legal Definition
What Makes a Work Environment Legally "Hostile"?
Not every unpleasant workplace legally qualifies as a "hostile work environment." Under California and federal law, specific elements must be present for a legal claim. However, the standard is meaningful — and many workers who are suffering at work do meet these requirements.
01
Protected Characteristic
The harassment must generally be based on a legally protected characteristic such as race, sex, religion, disability, age, national origin, sexual orientation, or gender identity.
02
Severe or Pervasive
The conduct must generally be severe or pervasive enough to be legally actionable. A single serious incident (such as sexual assault) can qualify, or repeated, ongoing misconduct over time.
03
Subjectively and Objectively Offensive
You must have personally found the conduct offensive, and a reasonable person in your situation would also find it offensive.
04
Employer Liability
Employers can be held liable when they knew or should have known about the harassment and failed to take prompt, corrective action.
Examples of Harassment That May Create a Hostile Work Environment
Unwanted sexual advances, comments, or touching
Racial slurs, epithets, or offensive jokes
Persistent mockery about disability, religion, or gender
Threats, intimidation, or physical gestures
Exclusion from meetings or opportunities based on identity
Demeaning comments about age or pregnancy
What to Do If You're Experiencing Workplace Harassment
1
Document Everything
Keep a detailed journal of every incident — date, time, location, who was present, exactly what was said or done, and how it affected you.
2
Report Internally
Report the harassment to HR or your direct supervisor (if they're not the harasser). Follow your employer's written complaint procedure if one exists.
3
Preserve Evidence
Save all relevant emails, texts, voicemails, and documents.
4
Consult an Attorney
Before you file an official complaint or make any legal decisions, consult with an experienced employment attorney who can help protect your rights and guide your strategy.
Important: Do Not Delay
Statutes of limitations apply to harassment claims. Contact us as soon as possible to protect your rights and preserve critical evidence.
Employer Liability and Your Rights
Employers have a legal duty to prevent and correct workplace harassment. If they fail to do so — or if the harasser is a supervisor — the employer may be held directly liable.
Supervisor Harassment
This occurs when someone in a position of authority — a manager, supervisor, or executive — engages in harassing conduct toward an employee they oversee.
Co-Worker Harassment
Harassment can also come from a colleague at the same level. This includes persistent offensive comments, unwanted physical contact, or conduct that makes the workplace hostile.
Third-Party Harassment
Harassment is not limited to internal workplace relationships. It can also involve customers, clients, vendors, or other individuals the employee interacts with in the course of their work.
Ready to Fight for Your Rights?
Not sure where you stand? Tell us what happened and we'll let you know if we can help.