A hostile work environment may be created by a fellow employee, a supervisor, a business owner, a contractor or an agent of the employer. Perhaps multiple people are responsible for creating an environment in which your work performance or your personal dignity suffers unreasonably because of submission to or rejection of harassing conduct.
Explicit or implicit conduct may create an intimidating, abusive or offensive work environment that is hostile. Sexual harassment in a hostile work environment includes unwelcome sexual advances, requests for sexual favors and other offensive verbal or physical conduct.
For a free and confidential consultation about a sexual harassment case in California, call Winer, McKenna & Burritt, LLP, at (510) 433-1000.
The lawyers at Winer, McKenna & Burritt, LLP, obtained $1,007,809 for a male plaintiff who claimed he was sexually harassed and retaliated against at his male-dominated company by male co-workers who perceived him to be gay and effeminate. Co-workers made sexually harassing comments and treated our client roughly during the course of his employment. One supervisor exposed himself to the plaintiff in an apparent attempt to hit on him. Learn more about the verdicts and settlements we have obtained for our clients.
What Kind Of Behavior Creates A Hostile Work Environment?
A pattern of offensive conduct that is unwelcome to you may detrimentally affect the work environment and make it hostile. The behavior does not have to be face to face, and it does not have to be directed at you. A hostile work environment could be created by:
- Comments about someone's body (even a person not present) or derogatory sexual remarks
- Leering looks
- Offensive gestures, jokes, innuendos, epithets, slurs, comments or catcalls
- Derogatory or pornographic posters, drawings, notes, emails or pictures
- Unwelcome touching or grabbing
- Actions characteristic of stalking
- Employment discrimination or decreased opportunities based on gender, physical appearance or sexual orientation
The offensive behavior may be physical, verbal or visual. It may be direct or indirect. If the conduct is unwelcome and impacts your work in any way, it is probably sexual harassment. You should consult with an experienced California hostile workplace lawyer as soon as possible.
What Is Not A Hostile Workplace?
A pattern of offensive behavior is usually required for a hostile workplace to exist. Infrequent sexually suggestive conduct may not be sexual harassment unless it is so offensive that it cannot be forgotten and it affects your work. Comments or behavior perpetrated by a supervisor or in connection with physical conduct may create a hostile workplace.
Many people think that as long as the harassment does not occur in the workplace, they are not liable for sexual harassment. This is not always true. If you are at any location in connection with your job, the boundaries of the work environment exist.
It is important to note that if you like, want or welcome the behavior, it is not sexual harassment.
Free Consultation With A Sexual Harassment Lawyer
If you have other questions about filing a sexual harassment claim in relation to a hostile work environment, contact Winer, McKenna & Burritt, LLP, to speak with an attorney at (510) 433-1000.