Creating an intimidating work environment
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop.
Employees should also report harassment to management at an early stage to prevent its escalation.
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.Under the “hostile work environment” theory of harassment or discrimination, it is not required that you be subject to direct harassment ; simply being in an environment where harassment is pervasive and severe enough to alter your working conditions and create a hostile work environment will suffice.he FEHA prohibits harassment and discrimination based on “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status.” The Courts in California, applying California law, apply a similar standard to discrimination and harassment as the FEHA.Upon being hired, Plaintiff was warned that creative process in writing show involved sexual discussions and coarse language, and most of the conduct took place in group sessions with both male and female writers recounting sexual experiences while brainstorming and generating script ideas for adult-themed show; Plaintiff failed to show how vulgar discussions and conduct affected her work hours or duties in disparate manner.
As mentioned at the beginning of the section detailing the various factors, this is the crux of the “hostile work environment” theory of liability.Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.