Yes. California law protects workers from unsafe, hostile, or toxic work environments. As such, if your employer is creating a toxic work environment, you can sue them.
Not surprisingly, toxic work environments are among the leading causes of job dissatisfaction in California. Toxic workplaces can become so stressful that they begin to impact your physical and mental health, instilling fear and taking away any motivation you have to complete job tasks.
Every workplace is different, with its own unique set of challenges and demands. However, when your work environment becomes so toxic that you dread going into work and know that you are going to suffer mental and emotional abuse when you get there, it is very likely that your employer is breaking the law. With California legal protections in place outlawing these toxic or hostile work environments, you have the right to sue your employer to recover damages. Doing so requires both courage and the right team of California employment lawyers on your side.
Contact Maison Law For a Free Consultation
Attorney Martin Gasparian and his firm, Maison Law, have years of experience in helping California workers like you fight back against toxic work environments. Our firm’s team of dedicated, compassionate California employment lawyers understand the effect these workplaces can have on your physical and emotional health, and will work hard to make sure you’re compensated for any losses you sustain while working in one. Through our experience with and knowledge of California’s employment laws, we can make sure your rights are protected. To learn more about our proven system of success, contact us for a free consultation.
What Makes a Work Environment Toxic in California?
Placing a definition on a toxic work environment can be difficult because there are many traits that can make it so, and because the same environment can have different effects on people based on factors like their personal history and approach to work. Furthermore, the industry or demands of certain jobs can lend themselves to being more toxic and hostile, simply because of the stress and danger that’s involved. Still, a hostile work environment is against the law and unacceptable, no matter the industry.
Because it can have such negative effects on you, here are some signs to lookout for if you think your work environment may be toxic:
- Lack of workplace boundaries
- Distrust among coworkers
- Unreasonable levels of competition
- Workers treating each other with open contempt or hostility
- Unhealthy interpersonal relationships
- No support for growth or wellbeing
- You frequently feel gaslighted or manipulated
- Physical symptoms of work stress
- Workers are disengaged
- High turnover rate of workers
Again, there is not one sole definition of a toxic work environment. However, if any of the above signs are present at your workplace, you may very well be working inside a toxic or hostile environment. And if the treatment gets steadily worse, you may have to look at your legal options.
What Does California Law Say About Toxic Work Environments?
Even with California law prohibiting hostile work environments, not every toxic workplace meets the standard of “hostile.” After all, some workplaces are simply more stressful and dangerous than others. The key point, though, is what is motivating the toxic workplace behavior. In California, an unlawful hostile or toxic work environment has two elements:
- Receiving unwelcome comments or conduct
- Your membership in a protected class or taking actions (complaints, reports of an unsafe or hostile work environment) that make you part of a protected class.
With that established, if your work environment includes any of the following conditions, it could be considered hostile:
- The hostile or toxic behavior or conduct is unwelcome.
- The hostile or toxic behavior is being said or done to you because of protected characteristics or actions
- The hostile or toxic behavior must be severe or pervasive, meaning that the behavior keeps occurring over and over again despite your attempts to stop it.
- The hostile or toxic behavior interferes with your ability to do your job, or is such that it fosters an environment of intimidation and abuse that is causing you stress and anxiety.
- A reasonable person would consider the behavior to be hostile or toxic.
The California Fair Employment and Housing Act
The main California law that prohibits discrimination, retaliation, and hostile work environments is the California Fair Employment and Housing Act (FEHA). The FEHA prohibits harassment based on any of the following protected characteristics:
- Race
- Color
- Religion
- Age
- Gender identity, gender expression
- Sexual orientation
- Pregnancy
- Marital status
- Medical Condition
- Military or veteran status
- National origin
- Ancestry
- Disability
- Genetic information
- Request for family care leave
- Request for leave for an employee’s own serious health condition
- Request for Pregnancy Disability Leave
- Retaliation for reporting patient abuse
Not only does the law protect certain individuals, the FEHA also protects any employee that voices complaints about violations of this law, for assisting another in making such a complaint or for opposing any illegal workplace action. As it relates to hostile work environments, when you or another employee voice complaints about a toxic or unsafe work environment, you have legal protections from retaliation under the FEHA.
Suing Your Employer For a Toxic Work Environment in California
Recognizing a toxic work environment is only the first step in holding your employer accountable. The second, and arguably more consequential, step will be filing a lawsuit against them. Filing a lawsuit requires several things, most importantly the courage to stand up to the employer and having effective, experienced legal counsel.
Our team of dedicated, compassionate employment lawyers has extensive experience litigating hostile work environment claims, and will work with you to pursue compensation in the form of damages from their employer.
When you file a lawsuit, you can recover the following damages from your employer:
- Lost wages, including unpaid overtime
- Loss of benefits
- Back pay
- Pain and suffering
- Emotional distress
- Punitive damages in severe cases
While suing your employer could very likely help you recover monetary compensation because of their unlawful actions, the most beneficial outcome of a lawsuit could occur when your employer’s illegal actions are brought to light. This embarrassment is sometimes enough to make them change their policies and practices.
Contact Seasoned California Workplace Harassment Lawyers Today
Maison Law proudly stands with victims of toxic work environments in California. Their firm works tirelessly to hold employers accountable and to make sure that those employees who were victimized by toxic work environments are seen and heard. To schedule a free consultation with our team of seasoned California toxic work environment lawyers, contact us today.
