Hostile Work Environment Lawyers in New York

Do You Feel You Work in a Hostile Environment? Call Filippatos PLLC Now

When you step into your workplace, you have the right to feel safe and respected. Unfortunately, not every work environment upholds these basic standards.

A hostile work environment occurs when illegal workplace behavior makes it difficult or impossible for you to do your job.

Employees are protected by both federal and state laws that shield them from discrimination and harassment at work.

If you believe you’re facing a hostile workplace, understanding your rights and the legal steps you can take is crucial. The hostile workplace lawyers at Filippatos PLLC are ready to hear your story and explore your next steps to protect your rights.

What Constitutes a Hostile Work Environment?

A hostile work environment is more than just an unpleasant workplace. It involves conduct that is either severe or pervasive enough to create an atmosphere of intimidation, hostility, or offense.

This conduct can take many forms, including discrimination based on race, gender, religion, disability, age, or other protected characteristics.

For instance, if a coworker or supervisor constantly makes offensive jokes or comments about your race, or if you’re subjected to unwanted sexual advances, these actions could create a hostile workplace.

Key Elements in NY Hostile Environment Cases

In New York, the law recognizes two key elements in defining a hostile work environment: severity and pervasiveness.

Severe conduct refers to actions that are so extreme they create an intolerable work environment, even if they happen only once. For example, physical assault or overtly sexual contact could be considered severe.

On the other hand, pervasive conduct involves repeated actions or behaviors that, over time, create a hostile atmosphere. This might include ongoing derogatory remarks or persistent harassment that becomes ingrained in the company culture.

Understanding these distinctions is important because the law does not require that the conduct be both severe and pervasive—either one can be enough to establish a hostile work environment.

Types of Discrimination Leading to a Hostile Work Environment

Discrimination can take many forms, and when it occurs in the workplace, it often leads to a hostile environment. Here are some common types:

Hostile Work Environment Based on Sexual Behavior

Sexual harassment is one of the most common forms of workplace hostility. This can include unwanted sexual advances, inappropriate touching, or even offhand remarks that are sexual in nature.

In some cases, the harassment might be subtle, like making someone feel uncomfortable with suggestive comments, while in other cases, it might be overt and aggressive.

Hostile Work Environment Based on Race

Racial discrimination in the workplace can involve slurs, derogatory comments, or even exclusion from certain activities or opportunities because of one’s race.

These actions not only harm the individual but also contribute to a toxic work environment.

Hostile Work Environment Based on Religion, Disability, Age, and Other Protected Characteristics

Discrimination in the workplace isn’t limited to sex or race. Harassment based on religion, disability, age, or other protected characteristics can also lead to a hostile work environment.

For example, mocking someone for their religious practices or making fun of an employee with a disability can create a work environment that feels unsafe and discriminatory.

What to Do if You Are Experiencing a Hostile Work Environment

If you’re dealing with a hostile work environment, it’s crucial to take action to protect your rights.

Document Your Harassment

The first step is to document every instance of harassment or discrimination, no matter how small it may seem. This includes keeping records of dates, times, locations, and the people involved.

Any relevant emails, messages, or other forms of communication should also be saved, as they can serve as vital evidence.

Review Your Company’s Harassment Policies

Take time to review your company’s policies on harassment and discrimination carefully. Many employers have specific procedures for reporting such behavior.

Following these steps is important because it shows that you attempted to resolve the issue internally.

Contact Your Supervisor or Human Resources

Once you’ve gathered your documentation and familiarized yourself with company policies, report the hostile environment to your HR department or a supervisor.

If you feel uncomfortable doing this alone, consider seeking support from a trusted coworker. Reporting the behavior is essential, as it not only alerts your employer to the issue but also creates an official record of your complaint.

Contact a Hostile Environment Lawyer in New York

If the internal report doesn’t result in a satisfactory resolution, or if the harassment continues, it may be time to consult a New York employment lawyer.

An attorney who specializes in hostile workplace cases can provide valuable guidance, helping you understand your rights and the legal options available to you.

They can assist you in filing a claim with the Equal Employment Opportunity Commission (EEOC) or pursue a lawsuit against your employer if necessary.

Filing a Lawsuit for a Hostile Work Environment in New York

Filing a lawsuit for a hostile work environment can seem daunting, but with the right guidance and the right attorney, you can navigate the process effectively.

Take Your Complaint to the Right Authorities

For a federal claim, the first step is to file a complaint with the EEOC or the New York State Division of Human Rights. This is an essential step before you can file a lawsuit.

Your attorney can help you prepare the complaint, ensuring all the necessary details are included. For a state claim, you may be able to go directly to court. Discerning these nuances is why it is important to hire a qualified employment lawyer.

Cooperate with Investigations & Mediations

Once the complaint is filed, the EEOC or the state agency will investigate the claim. If they find sufficient evidence, they may try to resolve the issue through mediation.

If mediation fails, or if the agency doesn’t find enough evidence, you may receive a “Right to Sue” letter, which allows you to take your case to court.

Take Your Claim to Court

In court, your lawyer will present evidence of the hostile work environment, including your documentation, witness testimonies, and any other relevant information.

The goal is to show that the behavior was either severe or pervasive enough to create a hostile workplace and that your employer failed to address the issue.

Secure the Compensation You Are Owed

If your lawsuit is successful, you may be entitled to compensation for workplace harassment. This can include back pay, compensation for emotional distress, and even punitive damages in some cases.

Your lawyer will work to ensure you receive the maximum compensation possible.

Workplace Discrimination FAQs

Can I file a hostile work environment claim anonymously?

Unfortunately, most jurisdictions require that you identify yourself when filing a claim. However, your attorney can provide guidance on how to protect your privacy.

Will filing a hostile work environment claim affect my job?

There’s a risk of retaliation, but many employers have anti-retaliation policies. Your attorney can advise you on steps to protect yourself. Filippatos PLLC is experienced in whistleblower and retaliation cases.

Can I represent myself in a hostile work environment lawsuit?

While it’s possible, employment law is complex. Hiring an attorney can significantly increase your chances of a successful outcome. They ensure details of your claim are included and your rights are protected.

How long does a hostile work environment lawsuit typically take?

The duration of a lawsuit varies widely based on factors such as case complexity and court docket. Your attorney can evaluate the details of your case to help gauge an accurate timeline.

Why Do I need an Experienced Employment Discrimination Defense Lawyer?

Navigating a hostile work environment claim can be complex, and having an experienced New York employment lawyer on your side can make a significant difference.

A knowledgeable attorney can help you understand the nuances of the law, gather the necessary evidence, and build a strong case.

They can also negotiate with your employer or their legal team to reach a fair settlement.

Working with a hostile workplace lawyer ensures that your rights are protected throughout the process.

They can advise you on the best course of action, whether that means filing a lawsuit, pursuing mediation, or exploring other legal options.

Most importantly, they will fight to ensure you receive the compensation you deserve for the harm you’ve suffered.

Contact Filippatos PLLC Today

If you’re experiencing a hostile work environment, don’t wait to seek help. Our team of New York attorneys for hostile workplaces is here to assist you every step of the way.

We understand the challenges you’re facing and are committed to helping you find a solution that protects your rights and secures the compensation you deserve.

Contact us today to schedule a consultation with one of our experienced New York discrimination lawyers.

Please give us a call at 888-9-JOBLAW, fill out our online form, or schedule a free Zoom consultation so we may discuss the details of your case.

Let us help you take the first step toward a safer, more respectful workplace.