Elk Grove Hostile Work Environment Lawyer

Elk Grove Hostile Work Environment Attorney

A hostile work environment does more than just prevent you from doing your work; it can also threaten your safety and well-being. As an employee, you have legal protections in place against discrimination and harassment, yet it still occurs. An Elk Grove hostile work environment lawyer can help you file a claim to recover compensation. Legal action can also put a stop to hostile behavior in the workplace.

Why Work With Asbill Law Group?

At Asbill Law Group, we are dedicated to employment law and business litigation cases. Our firm has helped many California employees pursue compensation and justice against their employers. We know working in a hostile work environment can be frustrating and intimidating, but we can provide personalized guidance through each step of the claims process.

Understanding What Makes a Work Environment Hostile

According to California and federal hostile work environment laws, a hostile work environment is created by harassment or discrimination that is severe or pervasive enough to impact the employee’s performance or experience at work. Whether you are working for one of Elk Grove’s top employers, such as the Elk Grove Unified School District, Apple, or Kaiser Permanente, or any other business, you should not have to deal with a hostile environment at your job.

To file a hostile work environment claim, harassment or discriminatory behavior must be based on a protected characteristic. While certain behaviors may lead to an unhealthy work culture, such as poor communication, unrealistic expectations, or favoritism, if they are not based on a protective characteristic, they may not be legally actionable. Protected characteristics could include:

• Race
• National origin
• Sex
• Gender
• Religion
• Disability
• Age
• Military or veteran status
• Marital status

Examples of a Hostile Work Environment

Despite strict hostile work environment laws, 22% of employees have experienced or witnessed harassment or misconduct in the workplace. Some common examples of hostile work environments are:

• Sexual harassment. In 2024, the California Civil Rights Department (CRD) received 6,787 complaints requesting to file a claim for sexual harassment that caused a hostile work environment.
• Making employment decisions based on protected characteristics. An employee’s protected characteristics should not influence decisions on hiring, firing, pay, promotions, or scheduling.
• Denying an employee’s reasonable accommodations. Employers must be willing to discuss and provide accommodations that allow employees with a disability to complete their job duties.
• Making it difficult for an employee to complete their job duties or perform well. This can include actions such as giving a poor performance review or intentionally sabotaging someone’s ability to complete an assignment due to a protected characteristic.
• Retaliation against an employee for reporting discrimination or harassment. Employees have the right to report hostile behavior without experiencing retaliation. Harassing or punishing employees who report hostile behavior is illegal. The CRD fielded 4,060 complaints just from witnesses alone.

Damages and Compensation in a Hostile Work Environment Claim

Experiencing a hostile work environment can cause financial hardship and worsen your mental health. Filing a claim can help you move forward after this experience by providing you with compensation for your damages. An Elk Grove hostile work environment attorney can negotiate for an increased settlement, which can secure the compensation you are entitled to.

Determining compensation in a hostile work environment case can depend on:

• The severity and duration of the hostile behavior
• The damages the behavior caused
• Whether your employer tried to address, ignore, or retaliate when complaints were filed

Some factors that may be included in the compensation for a hostile work environment include:

• Economic damages. These are quantifiable losses that can be covered by compensation. Often, hostile work environment compensation covers back pay for lost wages or benefits. It can also cover front pay to make up for lost income if you were wrongfully terminated.
• Non-economic damages. Compensation can also increase intangible damages, such as emotional distress, anxiety, or the impact of your employer’s behavior on your career.
• Punitive damages. These damages can be included in your compensation to punish your employer. Punitive damages may be available if your employer was knowingly or willfully allowing hostile behavior to continue.

Why You Should Hire a Hostile Work Environment Lawyer

A lawyer can build a strong case by gathering evidence and building an argument tailored to your case. Your lawyer can collect and analyze evidence, such as:

• Records of communication between you and your employer
• Previous complaints
• Witness testimonies
• Performance reviews

By using this evidence, your lawyer can prove how your employer’s conduct was severe or pervasive, which led to the damages you have faced.

It can be difficult to file a claim against an employer. Your lawyer can communicate on your behalf, taking the pressure off you to defend yourself in negotiations or a trial. Additionally, they can explain each step of the claims process and make sure legal requirements are met, such as filing deadlines and filing through the proper government agencies, such as the CDR or the Equal Employment Opportunity Commission (EEOC).

FAQs

What Types of Harassment Can Constitute a Hostile Work Environment?

Any harassment that is severe or pervasive and based on a protected characteristic can constitute a hostile work environment. This could include verbal harassment, physical harassment, sexual harassment, or even cyberbullying or electronic harassment. Regardless of what form of harassment you are facing, hire a hostile work environment lawyer to file a claim against your employer or another employee.

What Is the Fair Employment and Housing Act?

The Fair Employment and Housing Act (FEHA) is a California law that applies to companies with five or more employees. FEHA protects employees from harassment and discrimination at work, allowing employees to file a complaint with the CRD and pursue compensation if the hostile behavior is not resolved within the company.

What Is the Civil Rights Act of 1964?

The Civil Rights Act of 1964 is a federal law that applies to companies with 15 or more employees. It prohibits discrimination based on protected characteristics in all areas of public life, including employment. The Civil Rights Act of 1964 is enforced by the EEOC, through which claims can be filed. A lawyer can identify which hostile work environment laws apply to your case and file a claim through the proper agency.

What Should You Do If Your Employer Creates a Hostile Work Environment?

If your employer creates a hostile work environment, begin documenting all incidents of harassment or discrimination. This can include the date, time, location, and witnesses involved, along with a record of your employer’s specific words or actions. Then, report these actions to HR or a supervisor. If internal reports fail to address the employer’s behavior, speak with a lawyer who can help you file a claim against them.

Can You Only File a Hostile Work Environment Claim Against Superiors?

No, you can file a hostile work environment claim against anyone whose harassment or discrimination is creating an unsafe work environment. While this often means claims are filed against supervisors or managers due to their ability to make employment decisions and power inequality, a hostile work environment case can also be against co-workers.

Speak With an Elk Grove Hostile Work Environment Attorney

Filing a claim against your employer or co-worker can be daunting, leaving you with concerns about the career implications of filing such a claim. However, filing a claim can mitigate the negative impacts a hostile work environment can have. It does this by compensating you for your damages and pursuing justice against the employer. Contact Asbill Law Group today to learn how an experienced Elk Grove hostile work environment lawyer can help.