As an employee, your work allows you to support yourself, your family, and your day-to-day life. Every employee deserves respect and safety while at work. If you dread going to work because of a hostile and discriminating work environment, you can protect your employee rights.
To know what you can do about this, and determine if you have a claim, you should bring your case to a Santa Monica hostile work environment lawyer.
Employment laws protect Santa Monica workers from discrimination in the workplace. If you are experiencing harassment and/or an abusive environment, you can take legal action.
At the Law Offices of Miguel S. Ramirez, we want to help you with these claims. They can be potentially complex, especially when you are facing daily harassment at your workplace. Finding the time to file a harassment claim can feel overwhelming. Our attorneys can help you find evidence to support your claim and then properly file the claim with the relevant agencies. Our team has years of experience in employment law. You deserve a safe workplace, and we fight for you to earn the relief you deserve for a violation of those rights.
If you face severe or continued inappropriate actions by your employer and coworkers, it may qualify as a hostile work environment. This can be created by managers, supervisors, employers, and/or coworkers. A hostile work environment involves conduct based on a protected characteristic that is either:
The conduct in a hostile work environment can be physical, verbal, or digital. Employees are protected against harassment and discrimination under the federal Fair Employment and Housing Act (FEHA). Protected traits under this law and other state and federal laws include:
When these behaviors become severe and pervasive, they may be considered harassment. A hostile work environment is always based on harassment of some form.
Some conduct that makes up a hostile work environment may include:
If you are unsure whether the discrimination or other behavior you are facing constitutes a hostile work environment, talk with an experienced employment attorney. They can review your situation to determine if it meets the legal standards for a hostile work environment claim. An attorney can also direct you on how to handle the situation within your employer’s human resources department before taking legal action. Additionally, they can protect your rights as you document this process.
Your hostile work environment claim may seem fairly straightforward, but complications can come up unexpectedly. Several state and federal laws may apply to your unique situation, which can make filing the appropriate claim with the correct agency difficult. If you file your claim without important evidence or the right information, it will be denied. The claim is more likely to succeed with the help of an experienced attorney.
An attorney has experience with the filing process for hostile work environment claims. They can ensure that you have the right information in a claim, follow the correct processes, and limit any delays. If your employer retaliates against you for filing a claim, your attorney can protect your rights and interests.
Yes, you may be able to file a claim for a hostile work environment. If a work environment is harassing and hostile in a way that is severe or pervasive, and prevents you from completing your work, your rights are being violated. Typically, the first step is to bring a complaint to your employer about the hostile environment. If your employer knew or should have known about the hostile environment, and failed to address or prevent it, you can then file a legal claim against your employer.
Each individual case will have a different amount of financial relief, depending on the severity of the hostile work environment, whether an employer was criminally negligent, and other factors. The value of your employment claim will depend on the value of damages you suffered.
An attorney can help you understand the costs available to you and what you could be entitled to in a claim. You may be able to recover damages such as medical costs, lost wages and benefits, and attorney’s fees, along with punitive damages. A claim could also reinstate you, if your employment was terminated, and compensate you for emotional trauma and distress.
A hostile work environment is a type of discrimination. The actions must be based on an individual’s protected traits, such as sex, gender, race, or religion. The actions must also be either severe or continual enough that they impact the individual’s work performance or the employment actions for that employee.
These actions may include:
If the behavior continues despite requests to stop, and despite communications with HR, it is likely considered a hostile work environment.
To have a successful claim for a hostile work environment, you must prove that you faced unwelcome and discriminating actions that were either severe or pervasive enough to impact your employment. You must also show that your employer did not take the expected steps to prevent the conduct.
Evidence to prove these elements of a hostile work environment may include:
You should never feel unsafe or threatened while at work. If you believe that you have a hostile workplace environment claim, contact the Law Offices of Miguel S. Ramirez today to learn how we can help.