‘Toxic’ has been perhaps overused in the last few years, but it is an apt word to explain what happens in many of today’s workplaces that step over the line of their employees’ rights. A toxic work environment can have severe impacts on your mental health, job satisfaction, and overall well-being.

However, there is some recourse. This comprehensive guide should help to identify how severe the toxicity of your workplace is, to better understand your legal rights in this space, and to learn how to protect yourself in a toxic work environment.

Identifying a Toxic Work Environment

Let’s start with just a simple rundown of how to identify if you’re within a toxic work environment. Here are some of the signs to look out for:

1. Persistent negative communication
2. Lack of support or resources
3. Unreasonable workloads or expectations
4. Favoritism or unfair treatment
5. Bullying or harassment
6. Lack of work-life balance
7. High employee turnover
8. Unclear or constantly changing expectations

 

One or two of these signs are normal, at three or more, you should begin to get concerned about whether the work environment is abusing their employees.

Understanding Your Legal Rights

First, it’s essential to understand your legal rights when dealing with a toxic work environment. There are behaviors that are illegal, others that are just unpleasant, and many that are in a grey area that needs further attention. 

1. Is Hostile Environment Harassment Illegal?

Here’s a common question to start us off: “Is hostile environment harassment illegal?” The short answer is yes, hostile environment harassment is illegal under federal law and many state laws. The real question is what that entails. 

Hostile environment harassment occurs when unwelcome conduct based on protected characteristics (such as race, gender, religion, or age) is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Of course, the exact nature of this varies greatly, and so it’s important to read through examples and talk to an employment attorney to get a better picture of what crosses over the line.

1. Is a Hostile Work Environment Illegal?

Similarly, many ask, “Is a hostile work environment illegal?” Meaning, is the general environment itself illegal, and when does it cross the line. While not all unpleasant work environments are illegal, a hostile work environment that meets certain criteria is indeed against the law.

For a hostile work environment to be illegal, it typically must include:

1. Discrimination based on protected characteristics
2. Severe or pervasive conduct that alters the terms and conditions of employment
3. Conduct that is unwelcome and offensive to a reasonable person

2. Toxic Work Environment Lawsuits

If you’re experiencing a toxic work environment that meets the legal criteria for harassment or discrimination, you may have grounds for a toxic work environment lawsuit. Such a lawsuit can be used in the following cases:

1. Sexual harassment
2. Racial discrimination
3. Age discrimination
4. Disability discrimination
5. Retaliation for reporting illegal activities (whistleblowing)
6. Wrongful termination

It’s important to note that the success of a toxic work environment lawsuit depends on the specific circumstances and the evidence available. There is no guarantee it will go through even if you believe you have been discriminated against.

How to Protect Yourself in a Toxic Work Environment

Knowing how to protect yourself in a toxic work environment is an important step for your well-being and future legal action. Here are some steps you can take:

1. Document Everything: Keep a detailed record of incidents, including dates, times, locations, and any witnesses. Save emails, messages, or other communications that demonstrate the toxic behavior.
2. Know Your Company’s Policies: Familiarize yourself with your employer’s policies on harassment, discrimination, and reporting procedures.
3. Report the Behavior: Follow your company’s procedures for reporting harassment or discrimination. This often involves notifying HR or a supervisor.
4. Seek Support: Connect with coworkers who may have similar experiences. Consider seeking help from a therapist or counselor to manage stress.
5. Maintain Professionalism: Continue to perform your job duties to the best of your ability. Avoid retaliating or engaging in unprofessional behavior.
6. Know Your Rights: Educate yourself about federal and state laws protecting workers from harassment and discrimination.
7. Consider Legal Advice: If the situation doesn’t improve after reporting it, consider consulting with an employment lawyer to understand your options. At Natanzi Law Group, we have the expertise to help.

What to do in a Toxic Work Environment in California

For those working in the Golden State, understanding the specifics of a toxic work environment California can help. California has some of the strongest worker protection laws in the United States, making it a place where you can do a lot more than in other states.

Key aspects of California law regarding toxic work environments include:

1. Fair Employment and Housing Act (FEHA): This law provides broad protections against discrimination and harassment, adding more support than the federal law alone by covering more types of employers and protected characteristics.
2. California Labor Code Section 1102.5: Protects employees from retaliation for reporting violations of law to a government agency or person with authority over the employee.
3. Stronger Anti-Harassment Training Requirements: California requires employers with 5 or more employees to provide sexual harassment prevention training to all employees.
4. Extended Statute of Limitations: California allows employees up to three years to file a complaint with the Department of Fair Employment and Housing, compared to the 180-day limit for federal EEOC complaints.
5. Protection for More Workers: California laws often apply to smaller employers and protect more types of workers.

Steps to Take if You’re Experiencing Workplace Harassment or Discrimination

If you find yourself in a toxic work environment involving harassment or discrimination, here is a basic outline of the steps you can take to rectify the situation:

1. Review Your Employee Handbook: Understand your company’s policies and procedures and leverage them. The more ‘receipts’ and paper trail of the problems you can document and show violate the rules, the better your case will be.
2. Document the Behavior: Keep a detailed record of all incidents, including dates, times, and any witnesses. Add these to an organized file of receipts, emails, and messages that show evidence of a toxic workplace environment.
3. Report the Issue Internally: When you have a decent case put together, follow your company’s procedure for reporting harassment or discrimination, usually to HR or a supervisor. This is the first step before taking more radical steps should the company not help you.
4. File a Complaint with Government Agencies: If internal reporting doesn’t resolve the issue, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. This is the next step up and they can provide you with information about what the best next move for you may be.
5. Consult with an Employment Lawyer: An experienced attorney can help you understand your rights and guide you through the legal process. You can do this early in the process if you feel strongly about it, or speak with one as a last resort after your other options have failed.
6. Take Care of Your Mental Health: Finally, you should also prioritize yourself during this time. Seek support from friends, family, or a mental health professional to cope with the stress of a toxic work environment.

Conclusion

If you’re facing a toxic work environment, don’t hesitate to speak up and seek help. By documenting issues, reporting problems through proper channels, and seeking legal advice when necessary, there’s a chance to get out of the issue without the need for legal recourse.

However, when that doesn’t work, your documentation and the help of a good employment attorney can make your case in a court of law and help you get the verdict or settlement you deserve.