A hostile work environment (“HWE”) can be created where the harassment is sufficiently pervasive to alter the conditions of employment and create an abusive work environment. This does not simply mean that your boss or colleague is mean, unpleasant, or not as polite or nice as you want them to be. While people often associate it with sexual harassment, a HWE can be related to any of the protected categories, but it must be related to them and not simply personal disagreement. These categories include race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. Harassment can be by a supervisor, making the company strictly liable, or by other employees and contractors. To be considered sufficient enough to meet the standard, the conduct must not only involve the protected categories, but the conduct must also be severe or pervasive.

• Making inappropriate or offensive comments about someone based on a protected category (e.g. race, religion, disability, gender, orientation etc.)
• Inappropriate psychical touching
• Making threats against others or attempting to intimidate them
• Retaliating against an employee for reporting misconduct
• Sending/posting emails/jokes/pictures that are, and/or may be offensive

If you think that you have been harassed or subjected to a hostile work environment, contact the Wagner Legal Group for a free consultation or call (310) 857-5293.