What Are the Three Types of Hostile Work Environments?

But What Exactly is a Hostile Work Environment?  

Under California Government Code § 12923, a hostile work environment is a type of illegal harassment. It does not have to be ongoing behavior to be considered unlawful.  

There are three major types of hostile work environments: 

• Discrimination 
• Harassment 
• Retaliation 

Let's break these down and look at examples of hostile work environments in California. 

Discrimination 

Discrimination serves as the seed that nurtures a toxic workplace. It breeds unfair treatment based on protected traits defined by law. These traits encompass race, gender, age, religion, disability, sexual orientation, and national origin. Laws such as the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act protect workers from discrimination. 

What does discrimination in the workplace look like?  

• Unequal Standards and Expectations: When an employer sets different rules or goals for employees doing the same job, it can be discrimination if the reason is a protected characteristic, like race, gender, or disability. 
• Pay Differences: If workers doing the same job earn different salaries based only on a protected characteristic, it may show wage discrimination. This violates FEHA. 
• Discriminatory Comments: If an employer or manager makes biased remarks or microaggressions, it may show that discrimination affects job decisions. 

Examples of a hostile work environment due to discrimination: 



•  A supervisor often assigns less favorable tasks to an older employee. Meanwhile, they favor younger coworkers. 
• A manager makes repeated derogatory remarks about an employee’s religious attire. 
• A qualified candidate is often overlooked for a promotion because of their race or national origin. 

Discrimination in the workplace can be subtle or overt, but it’s always damaging. If not dealt with, it can cause emotional pain and hurt a person's career. 

Harassment 

Harassment is the most recognizable type of a 'hostile work environment.' In legal terms, it means unwanted behavior based on protected traits. In California, one serious event, such as a physical assault or a clear threat, can be considered harassment. This can make a workplace feel intimidating, hostile, or abusive to a reasonable person. 

What does workplace harassment look like in California? 

• Sexual Harassment: Unwanted sexual advances, requests for favors, and other verbal or physical acts. 
• Verbal Harassment: Threatening, yelling, using insulting or offensive language, or making offensive jokes. 
• Physical Harassment: Assaults, threats, intimidation, or offensive gestures. 
• Psychological Harassment: Intimidation, ridicule, or putting someone down. 
• Power Harassment: The misuse of authority to create a hostile environment or interfere with work. 

Examples of a hostile work environment due to harassment: 

• A supervisor frequently makes inappropriate comments or touches an employee. 
• A coworker mocks a Muslim worker for their religious attire or prayer habits. 
• A Black employee receives repeated “jokes” that reference racial stereotypes. 

Retaliation 

Retaliation is another form of hostile work environment. Employees are heavily protected by federal and state laws against retaliation. California Labor Code Section §1102.5 stops employers from punishing or demoting workers for reporting misconduct or joining workplace investigations. 

Common signs of workplace retaliation in California include:   

• Unjustified poor performance reviews or disciplinary actions   
• Sudden demotion or reduction in responsibilities   
• Exclusion from meetings or opportunities   
• Increased scrutiny and micromanagement   
• Wrongful termination 

Examples of Hostile Work Environment Due to Retaliation: 

• An employee reports a safety issue. Soon after, they face demotion or tougher tasks. 
• A worker reports racial slurs to HR. Soon after, they receive unfair performance reviews. 
• A whistleblower faces isolation from colleagues. They get left out of team events after raising concerns. 

Retaliation makes the workplace uncomfortable, where employees fear speaking up. It fosters silence and compliance at the expense of justice and dignity. 

Everyone deserves to work in an environment free from fear, disrespect, or retaliation. 

If you're experiencing discrimination, harassment, or retaliation at work, you don’t have to face it alone. Contact Lawyers for Employee and Consumer Rights today to understand your legal options and get what you deserve. 

Content is informational only and not legal advice.