Everyone in California deserves a safe, comfortable working environment. A hostile work environment could create physical and emotional stress, negatively affect your job performance and make you dread coming to work every day. After a while, you might start wondering if you can file a workplace harassment lawsuit. You might have a successful lawsuit on your hands, but you’ll have to meet a few qualifications first.
What are the signs of a hostile work environment?
For a successful lawsuit, your experience will have to meet the legal definition of a hostile work environment. If you simply don’t get along with your boss due to a personality conflict, you probably won’t be able to prevail. According to employment law, you’ll have to show evidence that you’re experiencing discrimination because of your age, gender, race, religion, sexual orientation, medical status or another factor.
You’ll also have to prove that this behavior has been going on for a long period of time and upper management hasn’t taken care of the issue. If someone makes a single rude comment, you won’t have grounds for a lawsuit. But if someone makes rude comments every day and your HR department refuses to take action, they might be creating a hostile work environment as defined by employment law.
Additionally, you’ll have to show that the hostile work environment has negatively impacted your career or job performance. You might be denied a promotion, given undesirable tasks, forced to work at odd hours or harassed so much that you feel depressed and irritable.
How can you file a lawsuit against your employer?
Talk to an attorney if your employer has created a hostile work environment. Your attorney could help you gather evidence over a period of time until you’re ready to bring the issue to court.