Newport Beach Hostile Workplace Lawyer
All employees, regardless of race, sex, religion, and all other protective statuses, have a right to work in a setting free from discrimination and harassment. It is your employer’s duty to ensure that the workplace is a healthy, safe environment. Failure to do so is grounds for civil action. Here at The Garza Firm, our Newport Beach hostile workplace lawyers have over 60 years of combined, high-level experience fighting for our clients, and we strive for great results every time.
What Is a Hostile Work Environment?
According to the Equal Employment Opportunity Commission, a hostile work environment is one that “a reasonable person would consider intimidating, hostile, or abusive,” due to discrimination based on a protected status. Examples of this intimidation, abuse, and hostility include the following, among others:
- Racial slurs
- Physical or verbal threats
- Yelling or intimidation
- Sexual advances
- Touching or groping
- Inappropriate jokes
- Sharing offensive photos or videos
- Displaying pornography
- Otherwise impeding another’s ability to perform their job duties
Workplace Discrimination Based on an Employee’s Protected Status
Protected status or traits include a person’s real or perceived race, color, religion, sex, sexual orientation, gender identity, pregnancy status, national origin, age if over 40, disability, and genetic information/family history. As such, any form of discrimination based on these characteristics is in violation of the law.
When Your Employer Is Liable in a Hostile Workplace Claim or Lawsuit
In order for a workplace harassment claim to be successful, you must be able to show that 1) the conduct is pervasive or long-lasting, 2) your employer knew about the conduct or should have known about it and failed to take adequate action, 3) the conduct impeded your ability to perform your job. It should be noted that your employer or manager does not have to be the specific party engaging in the abusive or hostile conduct; the conduct (inappropriate joke-telling, name-calling, bullying, etc.) can be perpetrated by an employee’s co-workers. The fact that your employer had knowledge or should have had knowledge of this behavior and failed to stop it is grounds for a hostile workplace claim against your employer.
Damages in a California Hostile Workplace Claim
By filing a hostile workplace claim against your employer, you can seek injunctive relief to put an immediate end to the harassing conduct, as well as financial damages for the following:
- Lost wages
- Lost future wages
- Interest on lost wages
- Out-of-pocket expenses related to job search and medical coverage
- Pain and suffering /emotional distress
- Punitive damages
Call a Newport Beach Hostile Workplace Lawyer Today for Help
Workplace harassment and the reality of a hostile work environment can be difficult to prove. Your attorney needs to be committed to your cause and your civil right to work in an environment free from racial, sexual, and religious discrimination. Here at The Garza Firm, our Newport Beach hostile workplace lawyers will do everything in their power to seek justice for your and your family. Call us today at 949-570-8350 to schedule a free case evaluation.