California Employees: Do You Know the Three Types of Hostile Work Environments?

How Does California Law Define a Hostile Work Environment?

Under California law, a hostile work environment exists when an employee is subjected to unwelcome conduct based on a protected characteristic, such as sex, race, religion, disability, or sexual orientation, that is so severe or pervasive it interferes with their ability to perform their job or creates an intimidating, hostile, or offensive workplace. 

California’s Fair Employment and Housing Act (FEHA) provides broader protections than federal law, holding employers accountable even when harassment comes from supervisors, coworkers, or third parties. In California, employees do not have to tolerate repeated abuse or egregious behavior to have legal protections. One serious incident may be enough, depending on the circumstances.

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. 

Frequently Asked Questions 

1. What qualifies as a hostile work environment under California law?
Under California law, a hostile work environment exists when unwelcome conduct based on a protected characteristic is severe or pervasive enough to interfere with an employee’s ability to work or create an intimidating, hostile, or offensive workplace. This conduct is prohibited under the Fair Employment and Housing Act (FEHA).

2. What are the three types of hostile work environments in California?
California recognizes three main types of hostile work environments: discrimination, harassment, and retaliation. Each involves unlawful conduct tied to protected characteristics or legally protected employee activity.

3. Do hostile work environment claims require repeated behavior?
Not always. In California, one serious incident—such as physical assault, explicit threats, or extreme harassment—may be enough to establish a hostile work environment claim, depending on the circumstances.

4. Who can be held responsible for creating a hostile work environment?
Employers may be held liable for hostile work environments created by supervisors, coworkers, or even third parties, such as customers or vendors, if the employer knew or should have known about the conduct and failed to take corrective action.

5. What protected characteristics are covered under California law?
Protected characteristics include, but are not limited to, race, color, sex, gender identity, sexual orientation, religion, disability, age, national origin, marital status, and pregnancy. Harassment or discrimination based on any of these traits may violate FEHA.

6. What is retaliation, and why is it considered a hostile work environment?
Retaliation occurs when an employer punishes an employee for reporting misconduct, refusing unlawful behavior, or participating in an investigation. Under California law, retaliation is illegal and may independently create a hostile work environment.

7. What should I do if I believe I’m experiencing a hostile work environment in California?
Employees should document incidents, report the conduct internally when possible, and consult an experienced employment attorney. You may also be able to file a complaint with the California Civil Rights Department (CRD) or pursue legal action to protect your rights.