A worker may be able to sue their employer for a hostile work environment in certain situations in New York. it may be possible to file a hostile work environment lawsuit in federal court or New York state court.
A federal agency, the Equal Employment Opportunity Commission (EEOC), is responsible for enforcing the federal laws that govern workplace discrimination based on protected characteristics. The EEOC investigates claims that are submitted by employees in order to determine if the requirements were met for a hostile work environment, which include:
- The type of conduct
- The employer’s response
- The frequency of the harassment
- Discriminatory intent
- How the harassment affected the employee
The parties’ conduct will be investigated by the EEOC in order to determine if the harassment was physical, verbal, or both. The frequency of the harassment will also be reviewed by the EEOC to determine if the conduct was pervasive and long-lasting or if it was an isolated incident.
Typically, isolated incidents will not meet the requirements for a hostile work environment unless the isolated incident is extremely serious. The individual who is submitting their claim to the EEOC will be required to show there was discriminatory intent to win their claim in federal court.
This means that the harassing behavior must be of a discriminatory nature based on protected characteristics under federal laws. The EEOC will also investigate how the employer responded to the harassment situation.
This may include examining whether or not the employer took steps to do something about the harassment. If the employer was made aware of the harassment but did not take any steps to intervene or investigate, they will more likely be held liable for a hostile work environment.
Employees should let their harasser know directly that their conduct is not welcome and should immediately stop. It is also important for the employee to report the harassment to a member of management as soon as possible.
This can give management the opportunity to help prevent the escalation of the hostile work environment. In addition, it provides members of management with the opportunity to address any issues.
The EEOC will also investigate the effect of the harassment on the employee to determine whether it was severe or pervasive enough that a reasonable person would have considered the work environment to be abusive, intimidating, or hostile. Usually, this requires a showing that the harassment greatly affected the ability of the employee to perform their job duties.
It is important to note that there may be New York local or state laws that also regulate workplace discrimination and harassment in addition to federal laws. Because of this, it is very important to consult with a local attorney in New York in order to determine whether it is best to bring an individual’s claim in federal or state court.
What Is a Hostile Work Environment?
Hostile work environments are created when employees are faced with harassment that makes it impossible for themselves or other employees to perform their job duties. The harassment may include conduct such as unwelcome comments that interfere unreasonably with the employee’s work performance that are based on one or more of the following:
- Race
- Disability
- Color
- Religion
- National origin
- Age, if the worker is 40 years of age or older
- Genetic information
- Sex, including pregnancy
- Any other characteristic that is legally protected
There are many different categories of individuals who can create a hostile work environment, including:
- Repeat clients
- Coworkers
- Supervisors
- Managers
- Contractors
- Vendors
- Visitors
- Other staff who may have had contact with the complainant
Employees should keep in mind that not all petty slights or isolated incidents rise to the level of a hostile work environment. A hostile work environment may arise due to many different issues, including sexual harassment, which causes there to be an environment of intimidation and fear or a work environment that is toxic.
It is very important to consult with an attorney for more information on the different ways that a hostile work environment may be created.
When Should I File My Claim for a Hostile Work Environment?
An employee facing a hostile work environment should notify the harasser, management, and the Human Resources department about the conduct that is occurring as soon as possible. This will provide documented evidence that the harassment was reported, which is important for a successful claim.
If the harassment continues to occur, the employee should report it to the EEOC or the local New York state agency that is in charge of harassment in the workplace. These agencies will investigate the employee’s claim and determine if a lawsuit should be filed.
How Do I Prove a Hostile Work Environment?
An employee must prove certain factors in order to prove a hostile work environment. As discussed above, the employee should inform the harasser, management, and HR regarding the harassment so there is a paper trail showing it was reported.
By doing so, they can also demonstrate whether or not management took any steps to stop the harassment. The employee should make sure they keep detailed records of any communications with their employer about the harassment, as these communications can be important evidence in the claim.
Because of this evidentiary value, it is important to provide any notifications and communications with these parties in writing, such as by email.
What Types of Remedies Are Available for a Hostile Work Environment Claim?
There are remedies available for hostile work environment claims under New York employment laws when an employee is able to show a hostile work environment. Compensatory damages are commonly awarded in these cases.
These damages may include compensation for the employee’s lost wages, benefits, and back pay that they lost because of their inability to perform their job duties. In some situations, the hostile work environment causes the employee to lose their job.
Compensatory damages may also be awarded in order to put an employee in the same position they would have been if they had not been forced to leave their position. In more serious cases, an employer may have to also pay punitive damages if they engaged in intentional conduct that created a hostile work environment.
Do I Need a New York Lawyer for a Hostile Work Environment Lawsuit?
If you are concerned that you are working in a hostile work environment in New York, it is very important to consult with a New York hostile work environment lawyer. Although you are not required to have legal representation when filing your complaint with the EEOC or other state agencies, your lawyer can help you properly complete any paperwork and ensure your claim is filed correctly.
LegalMatch can help connect you with an employment law attorney in your area who can help you with your case.
In some situations, the state agency or EEOC will not be able to resolve the issue to your satisfaction. If this occurs, your lawyer will help you present supporting evidence in your case and represent you in court if you have to file a lawsuit.
If you are an employer who is facing a hostile work environment lawsuit, your lawyer will defend you in court and help you resolve the dispute with your employee. Your lawyer may be able to help you resolve the issue outside of court, which can save you both time and money.
