Am I required to investigate a claim of “hostile work environment” because of abusive conduct even if no sexual harassment is involved?

Yes, it is necessary to investigate a claim of abusive conduct. Claims of a hostile work environment that give rise to liability are those based on a protected category—such as race, gender, gender identity, religion, etc. (see list of protected categories in your poster “California Law Prohibits Workplace Discrimination and Harassment”). If the hostility is not based on a protected category, the issue becomes more difficult.

Although not technically illegal, when an employee is being abusive, yelling, swearing, etc., that behavior creates a negative office environment that reduces productivity and can lead to a workers’ compensation stress claim.

It is important to investigate all claims of hostility and determine the validity of the complaint accordingly so as to avoid these negative results.

Even if the claim is not based on a protected category, in addition to the risks noted above, these types of claims frequently ripen to a claim of hostility that is protected.

To avoid a negative office environment, it is advisable to mandate the “abuser” to get additional training.

You can find more information in the Hostile Environment Harassment and Mandatory Supervisor Harassment Prevention Training section of the HR Library.