Hostile Work Environment
Hostile Work Environment
What is a hostile work environment in New York City?
A New York Hostile Work Environment exists when an employee fears attending work for being subjected to an offensive, oppressive, or intimidating work environment by a co-worker or employer. A hostile work environment is typically created by harassment, racially-motivated slurs, sex-based jokes or comments, and obscene gestures. These offenses are on the basis of race, gender/sex, age, disability, pregnancy, religion, beliefs, criminal history, marital status, and national origin.
File a claim and get compensated
Successfully establishing your claim awards you the compensation you deserve under the New York City Human Right Law. This includes:
- Compensatory damages for mental distress
- Back pay and front pay
- Out-of-pocket expenses
- Punitive damages if the employer’s conduct was egregious
- Attorneys’ fees
Your time is limited
Under New York State and City law, you are limited to filing your claim within three (3) years from the occurrence of the incident. File immediately to preserve evidence and witnesses to the harassment to best support your claim.
Don’t Pay Unless You Win
Do not be a silent victim: Contact a hostile work environment lawyer today
If you have felt harassed at work or just wondering whether you are a victim of a hostile work environment, act now. You need not worry about gathering evidence or ensuring a valid claim. Remember, you have limited time. Do not delay in seeking legal advice. Act against the offensive conduct through The Sanders Firm. We will help you through the entire process of ensuring you get the justice you deserve.
Do you have a claim?
To have a valid claim, the NYCHRL provides that the offensive conduct must be severe and pervasive so as to alter the conditions of employment. This NYCHRL definition allows a broader definition than federal laws requiring to prove severe or pervasive conduct. Under NYCHRL, it is only vital that you demonstrate that you have been treated “less well” than other employees and that this treatment is based on your membership in a protected class.
The court looks at the totality of the circumstances/factors to rule whether the work environment qualifies as legally hostile:
- Frequency of the discriminatory behavior.
- Severity of the discriminatory behavior.
- Whether the behavior was physically threatening or humiliating, or a mere offensive utterance.
- Whether the behavior unreasonably interferes with a worker’s performance at work
- Whether any psychological harm resulted from the behavior and its extent.
You need not establish all the specific factors as these are taken in accordance to the specific facts of the case. As a result, the court looks at the circumstances from a case to case basis; not all cases have the same facts.
You may not succeed if you already notified your employer and he/she has already made an investigation. A hostile work environment claim is one against an employer who did not act to investigate or does not have policies and procedures to handle investigations.
How are you protected by New York state laws?
The New York Human Rights Law (NYCHRL) and the New York City State Law protects against a hostile work environment. The aims of the New York City’s harassment law is zero employer tolerance for offensive conduct. The New York City Council sets out to create an employment discrimination law far more protective of New Yorker’s rights than federal law.
New York State and City laws provide for individual liability. Meaning, you can bring a claim against anyone responsible for creating a hostile work environment. This claim can be filed against your employer, supervisor, manager or co-worker. You can even hold your employer liable for the offensive conduct of its supervisor for as long as the acts were done in connection with the supervisor’s duties/work.
The NYCHRL only requires you to prove that your claim is against an employer employing more than four (4) employees unlike federal laws requiring more than fifteen (15).
With regard to sexual orientation discrimination, the NYCHRL provides for an express prohibition unlike the Civil Rights Act which only provides an implied prohibition. This means that the NYCHRL is stricter in holding one liable for sexual orientation discrimination.
At The Sanders Law Firm, Success Is A Tradition
Founded in 1967, The Sanders Law Firm has flourished into one of New York’s most successful personal injury practices, with an accomplished team of attorneys, paralegals, health care consultants, and support staff. Our trial attorneys take new cases on a contingency basis, which means there is no cost to the client unless we secure monetary damages on your behalf.
Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
At The Sanders Firm, there is never any charge to evaluate your case. We have helped thousands of injured clients throughout New York City, Long Island, Brooklyn, Bronx, Queens, and Staten Island, and we’re prepared to help you too. In just the last five years we have procured over $100 million dollars on behalf of our clients, thanks to our vast resources and experienced attorneys. Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
To set up your free, no-obligation case review with a New York personal injury lawyer, please call (516) 591-3208 or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week.
The Sanders Law Firm is a New York personal injury practice with offices in Long Island, Manhattan, Queens, and Brooklyn.