HOSTILE WORK ENVIRONMENT

​

To prevail on a hostile work environment claim, an employee must show that the allegedly harassing conduct was severe enough or sufficiently pervasive to alter the conditions of employment and create a work environment that qualifies as hostile or abusive to employees because of their protected class (i.e. gender, race, age, disability, sexual orientation, etc.). For example, one racist slur or joke might be rude and unfair, but might not be enough to constitute harassment. However, if you are subjected to such comments on a regular basis, the conduct may be pervasive enough to constitute harassment.

​

SEXUAL HARASSMENT

​

There are two distinct forms of sexual harassment under California’s Fair Employment and Housing Act (“FEHA”):

• Quid Pro Quo Harassment, in which a supervisor asks an employee to engage in sexual activity as a condition of receiving some form of benefit at work (a promotion, a raise, retention in his/her job, etc.); and

• Hostile Work Environment Harassment, in which harassment conduct and workplace bullying create an abusive work environment for an employee.

​

An employee has a sexual harassment claim against an employer if:

1. The employee is the recipient of unwelcome advances, conduct or comment;

2. This harassment is in some sense based on the employee's sex; and

3. This harassment is either severe or pervasive enough to alter the conditions of employment

​

​

​