Going to work is not always fun or easy, but it is each employer’s legal obligation to provide their employees with a safe, harassment-free workplace.
If you have reported disturbing behavior to your supervisor or human resources department in the past, and they have not corrected the harassing behavior internally, you may have a hostile work environment claim.
In this article, you will learn how to identify a hostile work environment, what to do if you are in one, and how to take legal action if you have been wrongfully harassed.
IMPORTANT: If you believe you are in an unsafe or hostile work environment, it is important to take action immediately. You should speak with an attorney right away. Our California-based employment law attorneys at Eldessouky Law are devoted to providing legal solutions for employees who are suffering from the emotional and physical trauma a hostile work environment can cause.
Do You Have a Hostile Work Environment Claim?
A hostile work environment exists if the degree of harassment is significant enough to impact the employee’s ability to do their job. The harassment must be more than just offensive and objectively abusive. A harasser can be a supervisor, coworker, or even a customer or client.
Need Legal Help? Let’s talk.or, give us a ring at 714-409-8991.
Anyone Can Create A Hostile Work Environment
Unfortunately, your boss, coworker, or colleague’s oafish behavior may not rise to the level of hostility, as it is outlined by law. However, it is important to understand that anyone can be a harasser. That includes your supervisor or another employee. A hostile work environment is one where a person’s severe conduct impacts your ability to do your job, no matter who that person is.
If anyone in your workplace is creating hostility through any of the following categories, you may have a case:
- Discrimination
If you are being discriminated against in any way, whether it is being passed by for a promotion, or if you are the target of unwelcomed jokes because of your race, religion, age, sexual orientation, medical condition, national origin or a disability, you may be the victim of a hostile work environment.
- Harassment
Harassment can occur on many levels, and any amount of inappropriate touching, sexual depictions, jokes, or physical intimidation or threats are unacceptable.
- Retaliation
If you have reported hostility in the workplace and are now being punished for it, either by your employer or by an employee who feels slighted by your report, your rights are being violated.
At Eldessouky Law, we understand that your job may be your only source of income and that without it your livelihood will suffer. That is no reason to be subjected to an illegal and hostile working environment for another day.
We can help you find a way out of this reoccurring abuse, and pursue the company that has allowed you to be victimized for the financial recovery you deserve.
Investigations Can Be Biased And Protective: Seek Outside Help
Our attorneys often hear reports from employees who have suffered from discrimination, harassment, or retaliation that they reported their claims to their employer only to find that an investigation was conducted, and the outcome was inconclusive.
There are several reasons your hostile work environment claims are not being identified by an internal investigation:
- Your employer is protecting someone within the organization
- Your employer is covering their legal bases, in case you take your claim to an attorney
The truth behind these inquiries is that they are often handled by someone who is not qualified to conduct hostile work environment investigations and that an outside review should be ordered.
These investigations are important to your continued employment and your ability to pursue your employer for their participation in creating a hostile work environment because no one deserves to fear to go to work each day.
If you believe you are the victim of hostile working conditions, contact our California employment law attorneys at Eldessouky Law today at 714-409-8991 to schedule a free consultation.
