A hostile working environment often negatively affects an employee’s job performance and mental health. If an employer fails to respond promptly and effectively to this, it can be a major problem that needs addressing.
California’s Fair Employment and Housing Act (FEHA) aims to protect employees from discrimination and harassment at work. Most reports show that a co-worker or supervisor typically commits these acts. However, an employee may seek to hold the employer accountable for failing to prevent the harassment.
Severe and pervasive behaviors can be illegal
A single incident of offensive behavior is often not enough to constitute a hostile workplace. However, if this becomes a pattern (more frequent, ongoing conduct), even if it is less severe, it can be illegal. Examples of behaviors include:
- Offensive jokes or slurs
- Unwanted physical contact
- Threats or intimidation
- Sabotaging someone’s work
- Unfair treatment due to a protected characteristic
Fostering a healthy workplace is crucial if you are an employer or own a company. This is both an expectation and a tough job. Some steps you can take are implementing a clear policy on such incidents, investigating them immediately and thoroughly and taking appropriate disciplinary actions to violators.
Ignorance of these problems is not a defense
The key factor is the impact this behavior has on the employee. It might be considered hostile if it unreasonably interferes with their ability to perform their job duties or creates a negative psychological work environment.
Employers could face litigation regardless of whether they knew about the incident. They can protect the business’s interests by working with an attorney with experience handling these types of issues.