Hostile Work Environments, Harassment and Discrimination Claims by Employees

Anyone who has suffered harassment by managers and co-workers knows exactly what it feels like and how negatively it affects all the aspects and quality of the employment relationship – often turning the workplace into a “hostile work environment”. These behaviors...

Anyone who has suffered harassment by managers and co-workers knows exactly what it feels like and how negatively it affects all the aspects and quality of the employment relationship – often turning the workplace into a "hostile work environment". These behaviors can turn a dream job into a nightmare. Legally, some forms of harassment, discrimination and retaliation are unlawful and a violation of public policy but others are simply not legal issues with an obvious remedy. 

Mobbing, Emotional Abuse, Favoritism, and General Harassment

Some estimates suggest some 20 million US workers suffer workplace abuse daily.  Yet, our legislatures have resisted embracing law that would prohibit mobbing, bullying and harassment in the workplace.  Generally speaking, unless an employer has an all encompassing “no tolerance” policy for harassing behavior there is very little protection against "bad behaviors" by bosses and co-workers.  This barrier to seeking what seems to be a very natural and common sense type of legal protection is frustrating to employees and attorneys alike.   

The solution is often found in good, creative lawyering and the right type of notices to the employer which may re-characterize these harassing behaviors as presenting serious risks to the employer in the future, perhaps implicating both civil rights and civil tort law claims. 

Unlawful Harassment, Discrimination, Retaliation against Employees

The protections are much clearer when an employee is subject to harassment, disparate treatment, or adverse employment action because of those personal characteristics and beliefs which have been given specific protection by Federal and/or California State civil rights law, (such as race, age, gender, disability, sexual orientation, religion, etc.). A hostile work environment characterized by outrageous conduct or communications that relate to a protected civil right, (such as sexual harassment or a racial bias, etc.), is recognized formally as a Hostile Work Environment under Federal and California State law.  Additionally, employees engaged in a “protected activity”, (such as reporting labor violations to the California Labor Board or protesting civil rights violations to the employer, etc.), are legally protected from retaliation by the employer when an employee makes inquires, protests and complaints. 

The strategy for the lawyer in this situation is much clearer, and the options for the employee are more numerous when a manager or co-worker engages in a clear violation of law.

What To Do When It’s Not Clear  

Experienced employment lawyers deal with these ambiguities daily and develop strategies for achieving the best outcome given the restraints on each case and client situation.  You might be surprised with some of the creative ideas that might be recommended.  When faced with a mobbing, harassment or discrimination situation you should quickly seek the guidance of an employment law attorney that represents employees in such disputes; it’s my experience that these situations do get worse over time and doing nothing is a losing strategy.