Hostile Work Environment Lawyers in Queens

How Harassment & Discrimination Create Hostile Work Environments 

A hostile work environment often results from workplace harassment and discrimination. 

To determine whether a hostile work environment exists, courts consider several factors, including the frequency and severity of the harassing behavior. A single incident of teasing may not be enough to create a hostile work environment, but ongoing or severe conduct can be unlawful.

New York State and New York City laws provide strong protections for employees facing harassment. These laws make it easier to establish a harassment claim, even if the conduct is less severe than what’s required under federal law.

Who Can Be Involved in a Workplace Harassment & Hostile Work Environment Case?

Many people mistakenly believe that only supervisors can create a hostile work environment. However, harassment and hostile work environments can be caused by anyone in the workplace, including co-workers, employees from other departments, supervisors, and even non-employees like clients or vendors.

Furthermore, you don’t have to be the direct target of harassment to be impacted by it. If you witness harassment or feel intimidated by offensive conduct, you also have the right to take action.

Can I Sue My Employer for Creating a Hostile Work Environment?

Yes, you can sue your employer for creating a hostile work environment if the harassment is based on a protected characteristic, such as your race, religion, gender, age, or disability.

To be successful in a lawsuit, you’ll need to prove that:

• The harassment was severe or pervasive enough to create a hostile work environment.
• The harassment was unwelcome.
• The harassment was based on a protected characteristic.
• The harassment affected a term, condition, or privilege of your employment.
• The employer knew or should have known about the harassment, but failed to take prompt and effective action to stop it.

Resources for People in Hostile Work Environments

Facing a hostile work environment can be overwhelming. It’s important to document the harassment and report it to the appropriate person in your workplace. 

You can also seek help from external organizations:

• The Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal anti-discrimination laws and investigates workplace discrimination claims. You generally have 300 days from the date of discrimination to file a claim.
• The New York State Division of Human Rights: This agency enforces the Human Rights Law in New York, protecting individuals from discrimination in the workplace. They aim to conduct investigations within 180 days.