Protecting The Rights Of New York City Employees In A Hostile Workplace
Discriminatory comments or harassing behavior can result in a hostile workplace. Everyone deserves to work in an environment free from hostility, and this is supported by state and federal laws that protect employees.
At Fisher | Taubenfeld LLP in New York City, our discrimination attorneys and employment lawyers advocate for a safe workplace and seek justice for those who have experienced a hostile work environment.
Defining A Hostile Work Environment
New York laws define a hostile work environment as a workplace that is intimidating or offensive because of hurtful comments, discrimination, bullying or unwanted sexual advances. Typically, the disparaging behavior is centered around race, sex, religion, age, sexual orientation or disabilities.
Frequently Asked Questions About Working In A Hostile Environment
Our dedicated employment lawyers regularly answer the same questions about working in a hostile environment. Here, they answer some of the questions they are commonly asked. However, of course, everyone’s workplace situation is different. Nothing can replace the advice you receive in a one-on-one meeting with an employment law attorney where you can ask specific questions about your possible case.
My coworkers and I don’t get along. Am I working in a hostile environment?
It depends. In order to prevail on a hostile work environment claim, you must show that the offending behavior is severe or pervasive. In other words, a single incident or a couple of off-hand offensive remarks do not constitute a hostile work environment. A hostile work environment usually:
- Makes a person reluctant or fearful of going to work
- Unable to adequately perform his or her job duties
- Has a negative impact on job performance
- Might even lead a person to quit his or her job altogether
When a hostile work environment leads an employee to quit their job, that employee might have a claim for constructive discharge.
What constitutes a hostile work environment in New York?
A hostile work environment in New York occurs when unwelcome conduct based on race, gender, age or other protected characteristics creates an intimidating, hostile or offensive workplace. This conduct must be severe or pervasive enough to affect your ability to perform your job. It can include inappropriate jokes, insults or unwanted physical contact. Unwelcome sexual advances or contact can also be evidence of a sexual harassment claim.
What should I do if I think I am working in a hostile environment?
If you feel uncomfortable or threatened at work due to offensive and unwelcome behaviors, it may qualify as a hostile work environment. It’s important to document incidents as they happen. Seeking legal advice from an experienced discrimination lawyer can help you better understand your workplace rights and plan possible next steps.
What does an employee in New York need to prove in order to show that they are working in a hostile environment?
To demonstrate a hostile work environment in New York, you need to show that the behavior you experienced was unwelcome and based on a protected characteristic, such as your race or gender. The conduct must be severe or pervasive enough to create an abusive work atmosphere.
Document each occurrence with dates, times and details. Witness statements and any communications related to the behavior can also support your case. It is also helpful to be able to show that you reported the behavior to your employer and they failed to take appropriate action.
Is there a deadline for filing a claim?
There are statutes of limitations for bringing a hostile work environment claim. Under Title VII, a federal law, you have 300 days to file a claim. Under New York laws, you generally have three years from the last instance of hostile behavior to file a claim. It is important to seek the advice of experienced legal counsel as soon as possible if you believe you are enduring a hostile workplace. Our discrimination lawyers can help assess your case and advise you of the specific filing deadlines for your situation.
Consult A New York City Hostile Workplace Attorney For Free
Our New York harassment lawyers are available for consultations. They offer a confidential and free phone consultation and case evaluation in which they can answer your questions about your potential case. To schedule your free appointment, call our office at 646-741-3490 or toll-free 866-654-0343. You can also reach us by sending a message through our website.