In an ideal scenario, your workplace should be a space where you can focus solely on your tasks and deliver your best. However, when this concentration is disrupted by persistent hostility or bullying, it takes a toll not only on your job performance but also on your overall mental well-being.
It’s crucial to understand that sporadic annoyances or irritations at the workplace don’t qualify legally as a ‘hostile environment’. But, if these disturbances escalate to a level where you’re constantly under fear or they hinder your professional duties, then you might be protected under Title VII of the Civil Rights Act of 1964, provided the harassment stems from a protected status or behavior. Read on for more info and contact PLBH at (800) 435-7542 for a free legal consultation.
Breaking Down Title VII Provisions
Title VII firmly stands against any discriminatory behavior towards employees based on age, race, religion, gender, disability, and national origin. While occasional workplace nuisances are part of every job, an environment that’s persistently hostile or discriminatory breaches the 1991 Civil Rights Title VII amendment. This amendment empowers affected employees to recover both compensatory and punitive damages from their employers.
Moreover, the United States Department of Labor (DOL) echoes the same sentiments, standing firmly against workplace harassment aligned with the provisions of Title VII.
Diving into Other Protective Measures
Protection for employees isn’t limited to the mentioned acts. The 1967 Age Discrimination in Employment Act (ADEA) and the 1990 Americans with Disabilities Act (ADA) also play a vital role in ensuring a safe workplace environment.
However, one must note that the presence of discomfort in a work environment doesn’t necessarily mean it’s ‘hostile’ as described by Title VII. It becomes a legally recognized hostile work environment when the level of distress is so intense that an individual constantly faces ridicule, intimidation, or discriminative offenses that hamper their work growth or performance.
Shedding Light on California’s Labor Legislations
While the Fair Employment & Housing Act of California requires harassment to be due to a protected status or behavior, California Labor Code Section 6401 mandates every employer to take necessary steps ensuring the safety and well-being of its employees. If employers neglect or refuse to act upon knowledge of hostile behavior, they could be violating the California Labor Code.
Navigating Through FEHA’s Shield
After establishing that an individual endured a legally recognized hostile work environment, the California Fair Employment and Housing Act (FEHA) steps in. FEHA ensures monetary remedies for those who’ve faced discriminative hostility at work. Remedies can range from compensations for past and future lost earnings, reinstatement, promotions, training, emotional distress damages, punitive damages, attorney fees, and other related costs.
Defining a Hostile Workplace
The U.S. Department of Labor provides that to term a work setting as ‘hostile’, the unwelcome behavior should align with the victim’s “protected status.” Additionally, this setting should be both “subjectively abusive” for the victim and “objectively severe and pervasive” from a reasonable perspective.
Deciphering these parameters, understanding the nuances, and proving a hostile environment is no small feat. Factors like the frequency and severity of the behavior, work relationships, psychological effects, and more come into play.
While one can independently file a claim with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment & Housing (DFEH), traversing through such a layered legal terrain often demands the expertise of seasoned employment law attorneys. Such professionals not only bring clarity but also resources essential to navigate these intricate legalities.