Gardena, CA asked in Employment Discrimination and Employment Law for California

Q: Can I file a hostile work environment law suit against my employer?

I work as a Security Officer and lately my supervisors had created a hostile work environment against me, one supervisor scream at me for my length of my hair, the other called me over the phone yelling that my shift started at 1 pm when I was just entering to the property and now I got suspended without any reason, for me to go to work and

I don't have any paperwork saying the reason of my suspension. As a Security Officer employers have rules against females hair length and my hair is short but my female coworker hair is long enough for which my supervisors they haven't said anything to her about it. So my supervisors favoritism.

Please let me if I have a case thank you.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Unfortunately the term "hostile work environment" does not have the legal meaning you think it does. A hostile work environment as most people would understand that phrase is not the same as the law sees a hostile work environment. To be an illegal condition in the workplace, you would have to prove that any adverse acts directed at you are motivated by your membership in a protected class of people. Hostility, anger, backbiting, and other forms of negative treatment are generally not considered to be unlawful in the absence of the illegal motive.

Also, generally favoritism is not unlawful in the workplace unless the favoritism is based on a protected class. Arguably difference in treatment between males and females might constitute unlawful discrimination. However when it comes to dress codes, there is some leeway given in difference in treatment. And even if you could prove this difference in treatment is unlawful, it is hard to see substantial damages that you experienced that would make a legal claim worth the time, effort and money.

Good luck to you.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the legal framework for addressing workplace disputes includes protections against a hostile work environment. This type of environment is typically one where actions, communication, or behaviors make it difficult for an employee to perform their work due to discrimination or harassment. Your experiences, including being screamed at over your hair length, receiving aggressive phone calls about your shift time, and being suspended without explanation, could contribute to what might be considered a hostile work environment, but only if these actions are discriminatory - i.e., were done because of your being a member of a protected class.

Discrimination or harassment based on gender, which might be implied if hair length rules are applied differently between male and female employees without a clear, job-related necessity, could be a violation of California's Fair Employment and Housing Act (FEHA). Favoritism alone isn't illegal unless it's based on protected categories like race, gender, age, etc. However, your situation might suggest potential gender discrimination, especially if policies are not uniformly applied or if you're being treated unfairly compared to your female coworker under similar conditions.

It might be beneficial for you to document all incidents, including dates, times, what was said, and any witnesses. This documentation can be crucial if you decide to pursue a legal claim. Consulting with a legal professional experienced in employment law can provide specific advice and help you navigate the process based on the details of your situation.

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