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- Written by: Mo Eldessouky — California employment trial lawyer and founder of Eldessouky Law; recognized in the Top 10 Labor & Employment Verdicts in California (2024) for his role in securing a $34.7M defamation and wrongful termination verdict against Walmart; with over a decade of proven results in cases involving harassment, discrimination, wage & hour, and other workplace violations
- Focus: Practical guidance based on California law and real case outcomes
- Recognized by: Eldessouky Law has been featured in major news publications such as USA Today and CBS News for our commitment to protecting California employees and securing significant legal victories
- Last updated: August 2024
To prove a hostile work environment in California, you must demonstrate that the unwelcome conduct was severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. This conduct must be based on a protected characteristic, such as race, gender, religion, or disability.
Key evidence includes documentation of specific incidents, witness statements, and any relevant communications, such as emails or messages. It’s important to show that you either reported the behavior to your employer or that the employer was aware of it but failed to take appropriate action to stop it.
Simply experiencing rude or unpleasant behavior is not enough to prove a hostile work environment. The behavior must be shown to be discriminatory and significantly interfere with your ability to perform your job.
In summary, proving a hostile work environment in California requires demonstrating severe or pervasive conduct based on a protected characteristic and showing that your employer failed to address the issue. Consulting with an employment attorney can help you build a strong case.
