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California Employment Law Glossary

Hostile Work Environment Definition
Workplace Harassment

 

Definition


 

A hostile work environment is one in which harassment based on a protected characteristic is sufficiently severe or pervasive that a reasonable person in the employee's position would find it interferes with their ability to work. In California, courts apply a totality of the circumstances standard that considers the frequency, severity, nature, and effects of the conduct. California's standard is generally more protective of employees than federal courts'.


Frequently Asked Questions

Courts look at the totality of the circumstances, including how often the conduct occurred, how severe it was, and whether it interfered with your ability to do your job, to decide whether a hostile work environment exists.

In some cases, yes - particularly if the incident was especially severe, such as a physical threat or an extremely offensive act, California courts have found a single incident sufficient.

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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.