San Diego Hostile Work Environment Attorney

Working in a hostile environment can negatively impact your mental and physical health, not to mention your career. If you believe you are experiencing harassment or discrimination in the San Diego workplace, know that you have rights. Reach out to us at the law office of Hamparyan Law Firm, as we’re ready to provide sound legal guidance to you. 

Below, our general guide can help you identify signs of a hostile work environment, understand your protections under California law, and take appropriate action if you are subjected to a hostile workplace. For legal advice specific to your case, please don’t hesitate to contact us. Call (619) 550-1355 for your free and confidential consultation.

What Constitutes a Hostile Work Environment?

A hostile work environment refers to a workplace permeated by harassment, discrimination, or abusive conduct that is severe or pervasive enough to affect your employment or ability to perform tasks. This means it unreasonably interferes with your ability to do your job or creates job conditions that are intimidating, offensive, or harmful to you.

Types of Workplace Harassment

There are different categories of discriminatory harassment that could contribute to a hostile work environment:

• Sexual harassment – Unwelcome sexual advances, requests for sexual favors, inappropriate touching, inappropriate behavior, or offensive remarks about appearance, gender, or sexual activities
• Racial harassment – Slurs, jokes, intimidation, or unequal treatment due to race or ethnicity
• Religious harassment – Insults, teasing, or restrictions related to religious beliefs or practices.
• Disability harassment – Mocking jokes or comments that target mental or physical disabilities.
• Age harassment – Jokes, insults, or unequal treatment related to advanced age.

Examples of Hostile Workplace Behavior

Along with harassment, the following types of severe, pervasive, or abusive conduct could create legal liability for a hostile work environment:

• Yelling, threats, or verbal abuse
• Sabotaging work performance
• Isolating or excluding employees
• Violating privacy boundaries
• Encouraging others to turn against a worker
• Assigning impossible tasks to set up failure.

If you have documented proof that your place of employment is filled with the above behaviors and has interfered with your ability to succeed at your job, you may have a valid legal claim.

Signs You Are Experiencing a Hostile Work Environment

How can you know if your unpleasant workplace crosses the line into an actionable hostile environment claim? Here are some common signs:

• You dread going to work each day due to frequent harassment or mistreatment.
• You feel singled out for abuse that others do not face.
• The behavior at the workplace interferes with your work performance.
• You have anxiety, depression, or stress-related physical symptoms.
• You want to resign despite liking your actual job duties.

Documenting these issues will help demonstrate their pervasive impact. If you’re unsure whether you have a case or what to do to address it, it’s best to get an attorney’s guidance. At the Hamparyan law firm, we offer a free confidential consultation so you can access high-quality legal help.

Your Rights Against Workplace Harassment

No employee should have to endure an abusive or hostile work environment. California law protects workers from harassment and discrimination, and provides a legal avenue to take action against hostile work environments.

Protected Classes Under California Law

The California Fair Employment and Housing Act (FEHA) prohibits workplace harassment or discrimination based on:

• Sex, gender, or gender identity/expression
• Sexual orientation
• Age (40 and over)
• Race, color, or national origin
• Religion
• Mental or physical disability
• Medical condition
• Genetic characteristics.

If you are part of a protected class and treated differently, held to higher standards, or subjected to more severe abuse as a result, you may have a discrimination claim.

Professional Workplace Rights for All Employees

Discrimination laws typically cover “protected classes,” but regardless of whether this discrimination is occurring, all employees have a right to a safe, respectful working environment free from harm, threats, humiliation, sabotage, or abuse. California law prohibits workplace behavior severe or pervasive enough to create an intimidating, hostile, or offensive environment for employees.

So even if the harassment you experience is not clearly tied to a protected class status, if it creates impediments to your work, there may be grounds for a legal claim. Talk to Hamparyan Law Firm about your situation. We are deeply familiar with California workers rights and can help you explore your legal options.

What is the Difference Between Discrimination and Hostile Work Environment?

Workplace discrimination and hostile work environment are two related but distinct legal concepts when it comes to San Diego employment law. In the legal context, discrimination relates to tangible employment actions made by an employer based on their employee’s specific characteristic, whereas hostile environment refers to the overall office culture and day-to-day treatment of employees.

Discrimination means treating an employee differently or denying opportunities based on protected characteristics like race, gender, religion, age, or disability. This includes practices like:

• Refusing to hire or promote
• Unequal pay
• Excessive monitoring
• Applying policies more harshly.

For it to be illegal, the discriminatory treatment must be connected to the individual’s protected class status.

A hostile work environment exists when severe or pervasive harassment, intimidation, threats or abuse make the workplace intolerable for the victim. This could involve discriminatory harassment tied to protected characteristics, but also includes general bullying and abusive behaviors severe enough to interfere with work performance.

Discrimination and hostile work environment can overlap. For example, sexual harassment can both discriminate based on gender and create a hostile climate.

How Long Do I Have to File a Case Based on a Hostile Work Environment in California?

In California, employees must file an administrative complaint with the Department of Fair Employment and Housing (DFEH) within three years of the most recent incident of hostile work environment. Upon filing, the complainant can request the department to issue a “right to sue” letter. Once the DFEH issues the right-to-sue, the complainant will then have an additional one year to officially file a lawsuit.

This means the overall deadline for filing suit over a hostile work environment in California is four years total. However, there are other important deadlines to meet during that four-year timeline.

An experienced attorney in San Diego can provide guidance on preserving your rights during this timeframe. It is crucial to report issues internally and speak to a lawyer early on to avoid running into limitations issues. Please call our firm at (619) 550-1355 to further discuss your hostile workplace situation in California.

Steps to Take If You Experience Workplace Harassment

If you believe you are subjected to a hostile work environment in California, below are important steps to take:

1. Report Internally.

As soon as inappropriate workplace behavior occurs, report it to a manager or HR representative to create a record. Follow up any verbal complaint with a written account. If the issues continue or worsen after reporting, keep documenting incidents.

2. File an Administrative Complaint.

You can file employment discrimination or harassment claims with California’s Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).

When you file with the DFEH, you’ll have the option to either ask for a right-to-sue notice or to have the department investigate your case. If you request the right to sue, you’ll have one year to file your own lawsuit. On the other hand, if you ask the DFEH to investigate, they will start their own investigation into unlawful workplace conduct under state laws. At the end of their investigation, if the matter is still not resolved, they will issue a right-to-sue notice to you.

3. Consult an Attorney.

An employment lawyer can help you prepare DFEH or EEOC complaints, represent you during investigations, and file a lawsuit against employers violating California harassment laws. Legal expertise is key for building a successful hostile work environment claim.

Why Hire a San Diego Hostile Work Environment Lawyer?

Pursuing action against abusive or hostile employers is extremely difficult if you don’t have knowledgeable legal help. Hamparyan Law Firm provide these benefits:

• Guidance navigating complex California and federal employment laws
• Assistance gathering evidence to prove a hostile workplace environment
• Resources to obtain testimony supporting your claims
• Representation if employers retaliate after you complain
• Skilled negotiation for damages including lost income, emotional distress, and punitive awards
• Preparation and representation if a courtroom trial becomes necessary.

Do not delay – hostile work environment laws include strict deadlines. Call our discrimination attorneys today for a free case review.

Hamparyan Law Firm Can Help With Your Claim

With a proven record of success, Hamparyan Law Firm have the resources and experience to build a strong legal claim after workplace harassment or discrimination.

Our Track Record of Results

We have helped Southern Californians recover millions of dollars in verdicts and settlements. With our firm’s extensive experience and fearlessness in facing companies, we handle hostile workplace cases with top-notch competence. Our goal is for each client to receive maximum payout for economic damages, pain and suffering, and punitive awards.

No Fees Unless We Win Your Case

We take hostile work environment cases on a contingency fee basis. This means no upfront payments ever. We only collect legal fees if your case successfully recovers financial compensation – either through favorable settlement or jury award at trial.

Schedule a Free Consultation Today

Our firm offers a free case evaluation to discuss your hostile workplace experience. Call (619) 550-1355 or contact us online to go over the details of your situation. An experienced lawyer will review your experiences and advise on the best legal course of action.

Compensation in Hostile Work Environment Lawsuits

An intolerable workplace can cause extensive financial and emotional harm. By pursuing legal action, victims can recover monetary damages from employers that failed to prevent or stop hostile work conditions.

Economic Damages

If you lost wages due to constructive discharge, wrongful termination, or absence from work to treat health issues caused by workplace abuse, you can claim these direct financial losses. Attorneys can calculate and prove ongoing loss of earnings and benefits.

Non-Economic Damages

A hostile environment often severely impacts mental health and quality of life. Including emotional distress in your claim may allow you to recover compensation for psychological damage like depression, anxiety, PTSD, harm to personal relationships, and loss of enjoyment of life.

Punitive Damages

If employers acted with malice, oppression, or reckless disregard for employee rights and safety, juries may award punitive damages as punishment. Since most companies only respond to financial penalties, large punitive awards are often the only way to incentivize policy changes addressing systemic unlawful harassment.

FAQs: Hostile Work Environment Claims in San Diego

What should I do if I am being sexually harassed at work?

If you experience unwanted sexual advances, touching, or offensive sexual remarks at work, immediately report it to your employer in writing. This creates a record of notification. If issues continue, file a complaint with the DFEH. An employment attorney can help you build a case proving sexual harassment was pervasive or severe enough to create an abusive work environment under FEHA.

What makes workplace behavior illegal under harassment laws?

For workplace harassment to be unlawful in California, it must be discriminatory and reach the legal standard for severity or pervasiveness – meaning it unreasonably interferes with your work performance or creates significant mental distress. If abusive conduct at work rises to this level, you likely have grounds for a legal claim. 

Can I still have a claim if the harassment was not physical?

Yes, it is possible to have a valid legal claim involving non-physical harassment at work. If verbal conduct like slurs, threats, insults, or profanity create a hostile environment that tangibly impacts your work, ability to advance, or mental health, a lawsuit against the employer would have merit.

How much does it cost to hire a hostile work environment attorney?

At Hamparyan Law Firm, we provide skilled legal representation in hostile workplace cases on a contingency fee basis. This means no upfront costs to you. We only collect legal fees if your case successfully recovers compensation from your employer after settlement or trial. 

What if my employer retaliates after I complain about harassment?

Retaliation for opposing or reporting workplace discrimination is illegal under FEHA. If you suffered punishment like demotion, undeserved discipline, shift changes, or termination, you should report it immediately. Our employment lawyers can file retaliation claims and help you secure damages for lost income and emotional distress.

How long do I have to file a lawsuit for workplace harassment?

In California, you must file an administrative complaint with the DFEH within three years of the most recent incident of harassment or discrimination under FEHA. Once the agency issues you a “right-to-sue” notice, you’ll have another year to file a private lawsuit against the employer.

What are some examples of a hostile work environment?

Common behaviors contributing to legally actionable hostile workplace claims include sexual harassment like groping and offensive comments, racial slurs, unequal treatment due to specific characteristics, yelling and verbal abuse, applying unfair disciplinary policies, assigning impossible tasks meant to undermine performance, invading privacy, encouraging others to ostracize a worker, restricting bathroom access as punishment, and more.

What steps should I take to prove my hostile workplace claim?

From the first instance of harassment, keep a detailed log of dates, times, witnesses and specifics of what happened, along with records of any complaint reports submitted to supervisors. Get statements from other employees, save harassing emails or voicemails, and document impacts to your health or work. An attorney can subpoena additional evidence like personnel files, security footage, and manager emails if needed.

Is it illegal for my boss to yell at me?

Generally, occasional yelling or loss of temper is not illegal. But frequent screaming, threats, verbal abuse, and profanity could contribute to a hostile work environment when severe and pervasive enough to interfere with your job performance. If abusive speech creates health issues or constructs barriers to your success, it may cross the line into unlawful activity that serves as grounds for a lawsuit.

Can I recover damages for emotional distress from workplace harassment?

Yes, monetary compensation for psychological harm is common in California hostile workplace claims. If you experienced PTSD, anxiety, depression, harm to personal relationships, or other emotional trauma due to severe or pervasive workplace harassment, discuss your situation with our employment lawyers. We can request damages for emotional distress as part of your case.

Call Hamparyan Law Firm Today at (619) 550-1355

If you believe you have suffered undue hostility, discrimination, or harassment in the workplace, contact our experienced lawyers today to discuss your case. Consultation is free. Let the San Diego attorneys review the details of your situation and advise you on the best way to proceed. Call us today.