Modesto Hostile Work Environment Lawyer

Modesto Hostile Work Environment Attorney

Even when you love your job, work can be challenging. However, when the actions of someone at your place of work create an atmosphere that makes it hard to do your job, you may have grounds to file a claim to hold your employer liable for harassment. If you’ve been dealing with discrimination or other offensive conduct at work, you may want to speak with a knowledgeable Modesto hostile work environment lawyer at Asbill Law Group, APLC.

Our skilled and compassionate legal team works to ensure the legal rights of employees are protected when employers don’t act in their workers’ interests. We approach each client’s individual situation with an open mind and create an aggressive strategy to get the most positive result for each case’s specific circumstances. Our focus is always on getting our clients the compensation they deserve.

What Makes a Hostile Work Environment

A hostile work environment is a workplace that makes an employee feel intimidated, harassed, or abused because of offensive conduct regarding their protected characteristics like race, gender, or disability. When inappropriate behavior makes an employee feel unsafe, uncomfortable, or unable to do their job, that may qualify as a hostile work environment.

It can be hard to quantify what exactly constitutes offensive conduct in the context of a hostile work environment. Any work environment may have elements that make an employee uncomfortable. Criticism, unfavorable performance evaluations, minor disagreements, or unpleasant coworkers do not create a hostile work environment on their own.

However, some of these may contribute to a hostile work environment when also combined with behavior a reasonable person would consider offensive or hostile. In general, offensive conduct must also be:

• Unwelcome
• Directed toward a protected class
• A pervasive pattern or severe enough to interfere with the employee’s duties
• Performed by someone in the workplace
• Known by the employer, who did not take corrective action

Anti-harassment laws prohibit offensive jokes, slurs or other name-calling, insults or ridicule, physical threats, intimidation, or assault. These can be verbal or nonverbal, including images or electronic communications. In addition, anyone who is affected by the offensive conduct may have grounds to file a hostile work environment claim, not just the person who is being harassed.

It is important to note that retaliation against an employee who files a complaint is also illegal.

Protected Classes

There is a wide range of characteristics that are protected from harassment under California’s Fair Employment and Housing Act. According to this law, it is illegal to harass or discriminate against someone in the workplace based on:

• being age 40 and over
• ancestry
• skin color
• beliefs
• physical or mental disability
• marital status
• medical condition
• genetic characteristics
• national origin
• race
• religion
• gender identity and expression
• sexual orientation
• request for medical or family leave

The Employer’s Responsibilities

Employers in California are required to take reasonable measures to prevent discrimination and harassment in the workplace and correct any wrongful behavior that occurs there. This includes having a written anti-harassment policy that is distributed to and discussed with all employees, training for leaders, procedures for the complaint and investigation process, and prompt corrective action.

If an employer fails to meet these standards, they can be subject to penalties, including paying damages and other compensation in civil claims, legal fees, punitive damages and fines, or legal action by government agencies such as the Equal Employment Opportunity Commission.

You Don’t Have to Face a Complaint Alone

An experienced Modesto hostile work environment lawyer knows how stressful harassment at work can be. Unfortunately, the complaint process can add even more stress to an already overwhelming situation. A qualified employment attorney can guide you through the complaint process and, if necessary, negotiate on your behalf and represent you if the case goes to court. Their goal is to make sure your rights and interests as a worker are always protected.

FAQ

Can You Claim for a Hostile Work Environment in California?

Yes, you can make a claim for a hostile work environment in California. Employees who are facing harassment at work can file a complaint with the California Civil Rights Department or file a legal claim with the courts. Employers found liable for a hostile work environment may be required to pay damages for lost wages, loss of benefits, back pay, pain and suffering, emotional distress, or even punitive damages.

How Much Is a Hostile Work Environment Case Worth?

The amount of damages in a hostile work environment case settlement can vary greatly, depending on several factors. Some of these are the amount of back pay and other financial harm suffered, attorney fees, whether punitive damages are available, and whether the employer is willing to settle out of court.

What Is Needed to Prove a Case for a Hostile Work Environment?

To prove a case for a hostile work environment, solid evidence is needed that shows there was unwanted, offensive conduct that was pervasive, severe, and directed toward a protected class and that the employer knew of the behavior and failed to address it.

How Do I Start a Claim for a Hostile Work Environment?

The first step is to consult with an experienced employment law attorney to determine the facts of your case. The lawyer will want to see any evidence, such as documentation of dates and other details that show a pattern of behavior, how and when you reported the behavior to your employer, and how they responded. This might include emails, texts, witness statements, or other evidence.

Your Modesto Hostile Work Environment Lawyer

At Asbill Law Group, APLC, we are dedicated to working for the employment rights of all workers in California. Your experienced employment lawyer can evaluate the facts in your case and guide you through the complexities of the complaint and legal process for the most favorable outcome possible in your case. You don’t have to face harassment or discrimination alone. Contact our office today to discuss your legal options.