Hostile Work Environment
A hostile work environment occurs when an employee is subjected to unwelcome conduct that is severe or pervasive enough to interfere with their ability to do their job.
In California, this type of workplace harassment is illegal when it is based on a protected characteristic such as race, gender, age, disability, sexual orientation, or religion.
What Qualifies as a Hostile Work Environment?
Not every rude or unpleasant interaction at work qualifies as unlawful. To rise to the level of a hostile work environment under California law, the conduct must be:
- Unwelcome
- Severe or pervasive
- Based on a protected characteristic
- Disruptive to the employee’s work performance or emotional well-being
The behavior can come from a manager, coworker, client, or even a third party, and may include:
- Derogatory comments or slurs
- Unwanted touching or sexual advances
- Offensive jokes, gestures, or images
- Repeated insults or demeaning treatment tied to identity
- Retaliation after reporting inappropriate behavior
Case Results
Legal Protections
California law provides some of the strongest workplace harassment protections in the country:
Importantly, FEHA makes it clear that even a single incident can be unlawful if it is extremely severe—such as a physical assault or credible threat.
Employer Responsibilities
Employers are required to:
- Take reasonable steps to prevent and correct harassment
- Investigate complaints promptly and thoroughly
- Implement anti-harassment training and clear reporting procedures
Failure to take appropriate action can expose an employer to legal liability, even if the harasser is a coworker rather than a supervisor.
Filing a Complaint
Employees must first file a complaint with either:
- The California Civil Rights Department (CRD) (within 1 year), or
- The Equal Employment Opportunity Commission (EEOC) (within 300 days)
After the agency investigation, the employee may be issued a “right-to-sue” letter, allowing them to pursue a lawsuit.
Available Remedies
Employees who prove a hostile work environment claim may be entitled to: