Hostile Work Environment

Frequently Asked Questions about New York Hostile Work Environment

Simple Q&A on New York Hostile Work Environment Law

Q: How Bad Does it Have to Be? A: Really bad. To win a hostile work environment claim, a plaintiff has to prove that that his or her workplace was “so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment were thereby altered.” Alfano v. Costello, 294 F.3d 365, 373-74 (2d Cir. 2002). In other words, the inappropriate conduct has to be more than a minor issue at work and must have significantly changed your working conditions. Keep in mind, whether or not working conditions have been changed is determined from the standard of a reasonable person. The court will ask, “what would a ‘reasonable person’ think of this situation?”

Q: What is a “reasonable person”? A: A “reasonable person” can vary with the judge. The concept is meant to approximate what an average person would do in the plaintiff’s situation.

Q: Is One Instance Sufficient? A: It can be, but it has to be really bad. A Plaintiff must show “either that a single incident was extraordinarily severe, or that a series of incidents were sufficiently continuous and concerted to have altered the conditions of her working environment.” Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir. 2000). The key is that the working environment has been altered as a result of the conduct.

Q: What About Many Small Things Over Time? A: Same answer as above. If the many small things impact the working environment, they may amount to a hostile work environment. However the series of incidents must be “more than episodic; they must be sufficiently continuous and concerted in order to be deemed pervasive.” Perry v. Ethan Allen, Inc., 115 F.3d 143, 149 (2d Cir. 1997).

Q: What Factors Do Courts Consider? A: The factors courts examine include “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993).

Q: Does the Conduct Have to be Discriminatory? A: Yes. For example, a plaintiff cannot bring a hostile work environment claim based on race when the conduct had nothing to do with race. The conduct does not, however, have to be directed at the plaintiff. A hostile work environment claim can be brought based on discriminatory treatment of others.

More questions?  Contact us for a free consultation about New York Hostile Work Environment Law.

Does Your Boss Bully You?

Does your boss bully you?  We get this call a lot. The boss is a jerk, mistreats employees, and is verbally abusive. It is awful, it is unacceptable, it is bad for business. More often than not, it is perfectly legal. Bullying is only illegal when it violates certain employment laws. But employment laws do not prohibit bullying, they prohibit discrimination and retaliation. Conduct by your employer is only illegal when it is discriminatory or retaliatory. What Should You Do When Your Boss is a Bully?

1. Try to work it out. More often than not, personality conflicts can be resolved amicably. There are a lot of options here, depending on where you work. You can try to work it out with the supervisor directly, complain to upper management, or just figure out how to make your situation tolerable.

2. Think about moving on. Hate your job? Look for another one. Whether you stay or not is up to you. Think about your finances and career. A word of warning on quitting – if you quit your job, any employment lawsuit will be a lot harder to win.

3. Talk to an employment lawyer. We deal with these situations all the time. We can contact your employer on your behalf, or we can work behind the scenes, helping you with an exit strategy. An employment lawyer can also help you analyze whether you have other claims against your employer, like for harassment or improper payment of wages. The goal is to help you.

If you are working for a bully, think about what you want to accomplish and consider calling an employment lawyer. If you contact us, someone will get back to you within 24 hours.

Granovsky & Sundaresh PLLC - experienced employment lawyers can help
Granovsky & Sundaresh PLLC - experienced employment lawyers can help

Liberal Standard for Hostile Work Environment Claims Under the New York City Human Rights Law

Sexual Harassment – New York City A group of female plaintiffs alleged that the defendant, a doctor, created a sexually hostile work environment in violation of the New York State and City Law.  Plaintiffs claimed that the doctor sent them, as well as other employees (both male and female), offensive emails, and made various sexual comments and gestures toward them, including remarks regarding their breasts. The lower court granted the doctor’s motion for summary judgment, reasoning that the doctor’s conduct would be equally offensive to male and female employees. On appeal, the appellate court held that a jury could reasonably determine that the defendant sent the emails to provoke a reaction from women in the office, and that the plaintiffs were singled out from male employees. The appellate court held that the plaintiffs’ evidence fell short of meeting the severe and pervasive standard required to state a claim under the New York State Law, but that under the City Law, questions of severity and pervasiveness are irrelevant. Accordingly, the appellate court held that the plaintiffs’ claim survived because the doctor’s conduct, even if “isolated,” signaled that the doctor considered it appropriate to foster an office environment that degraded women.  The court therefore reinstated the plaintiffs’ claim under the City Law.  The case is Hernandez v. Kaisman, No. 104989/07 (1st Dep’t Dec. 27, 2012).

If you feel you have been subjected to a hostile work environment, or have been unlawfully terminated, please contact us.

Should I Quit My Job?

NYC Severance Attorneys
NYC Severance Attorneys

Should I quit my job? Our experienced New York Employment Lawyers are asked this question all the time.  Usually, the answer is NO.  If you are thinking about quitting, contact one of our experienced New York Employment Lawyers and Severance Agreement Lawyers.  We can help advise you and possibly soften your landing with a severance agreement. In most states, harassment and bullying are not illegal.  These are only illegal if they are due to race, age, sex, disability, color, national origin, religion, pregnancy, marital status, sexual orientation, genetic information, objecting to an illegal practice of the employer, making a worker’s compensation claim, taking Family and Medical Leave, your testimony under subpoena, serving on jury duty, or some other legally-protected category.

What you should do is report the harassment or bullying to human resources or whoever the appropriate person at your company is.  Make the report in writing.  You have to give your employer time to investigate and take action to stop it.

You should also consider whether you are a victim of constructive discharge. A humiliating demotion, punitive transfer or hostility toward you are among the types of changes that might entitle you to claim constructive discharge after you resign. For example, if you resign because of intolerable discrimination or sexual harassment, or because your employer transferred or demoted you to an undesirable position in retaliation for reporting a wrongdoing, your immediate, resulting resignation might constitute constructive discharge.

Nevertheless, the law hates quitters – don’t do it.  If you want to leave, please contact us – we can help.

Is this Harassment Illegal? | NY Harassment Lawyers

Let our NY Harassment Lawyers help you. We receive many calls from potential clients inquiring whether the harassment they are experiencing at work is illegal.  Most people assume that the harassment is illegal because it is unfair, degrading and/or abusive.  However, NY Harassment Law does not protect employees unless the harassment is severe and pervasive AND is based on a protected characteristic.  This means that we need to be able to prove that the harassment you are suffering at work it a result of your race, gender, religion, disability, age, sexual orientation or other protected characteristic.  If that harassment is not based on one of these protected characteristics, it is not protected by the law.  Unfortunately, the law allows an employee to quit if he is unhappy with the work environment, but it does not protect the employee from the abuse unless the employee can meet the requirements for an intentional infliction of emotional distress claim. Our NY Harassment Lawyers can help you analyze your potential claims.

NYC Unlawful Termination Lawyers
NYC Unlawful Termination Lawyers

If you have questions regarding whether you are suffering illegal harassment, please contact our NY Employment Lawyers.