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California employment law

Hostile work environment

What does “hostile work environment” mean?

A hostile work environment is harassment based on a protected characteristic that is severe or pervasive enough to alter the conditions of employment.

The standard is not general unpleasantness. It requires conduct tied to a protected characteristic, and it requires either severity or repetition: a single sufficiently serious incident can qualify, as can a pattern of lesser ones.

Employer liability often turns on what happened after the employer knew. Prompt, adequate investigation and correction is the difference between an incident and a case.

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