Hostile Work Environment Lawyer in New York City

Holding Employers in Brooklyn, Long Island, Westchester County, New York State, and New Jersey Accountable

Experiencing harassment and discrimination in the workplace can cause the quality of your work to decline. As the behavior continues, you may begin to feel the hostile nature of your workplace impacting other areas of your life. Eventually, you may feel like the only option is to resign or quit. Workplaces like this are hostile work environments.

At Brown Kwon & Lam, we understand how serious hostile work environments are, which is why we will stand with you.

Beyond emotional distress, a hostile work environment can affect an individual's career trajectory and income potential. When employees face harassment or discrimination, they may miss out on promotions or other professional opportunities. It's important to seek legal counsel to understand your rights and explore the options available to you.

For dedicated legal assistance, connect with our qualified hostile work environment attorney in New York. Dial (212) 295-5828 or use our online form to arrange your free consultation.

What Is a Hostile Work Environment?

Hostile work environments are a form of employment discrimination. This discrimination occurs through verbal or physical actions that negatively impact other employees’ work performance. While discrimination can occur within the hiring process, a hostile work environment manifests once employed within the confines of the workplace. This is not limited to a physical work environment but can occur in a work-from-home environment as well.

Hostile work environments subject employees to:

• Bullying
• Unwelcome physical contact
• Sexual harassment
• Insults from another employee or supervisor

There are many forms of discrimination that can cause hostile work environments, including:

• Race
• Sex
• Gender
• Religion
• Disability
• Sexual orientation

To prove the existence of a hostile work environment, you must demonstrate that you are part of a protected group.

How To Prove a Hostile Work Environment in New York

Apart from proving you belong to a protected group under Title VII of the Civil Rights Act of 1964, there are protocols you must meet under New York City laws.

In New York City, you can bring a claim against a supervisor, manager, or co-worker for creating a hostile work environment. However, the repetition of misconduct must also be proven.

In a hostile work environment claim, the courts will determine whether the conduct in question is pervasive or severe. This means that the conduct must have been repeated and/or severe enough to heighten tensions and fear in the workplace.

Offensive comments alone are not typically enough to prove a hostile work environment. If the comments are paired with physical acts, the court is more likely to side with the victim.

Like any other form of discrimination, it is important that you document and report your concerns. This may include notes, shared emails, witness accounts, physical evidence, and relevant workplace policies.

When you show your employer what’s been happening and they still do nothing to protect you, we can help you hold them accountable.

To effectively build a case, keeping a detailed log of each incident, including dates, descriptions of the behavior, and witnesses, is crucial. This documentation can make a significant difference in demonstrating the seriousness and frequency of the events, which can strengthen your claim.

Employer Liability for Harassment and Hostile Work Environment

Understand that a hostile work environment claim can be difficult because an employer can avoid liability if:

• The employer reasonably tried to prevent and correct the harassing behavior; and
• The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

Remember, a hostile work environment claim may be valid under New York City Human Rights Law, even if it does not meet federal or state criteria. For example, in New York City, an employee only needs to show that their protected characteristic caused them to be treated less favorably than other employees, resulting in a hostile work environment.

If found guilty under state, federal, or local law, the employer will be liable for harassment if they:

• Knew and did nothing.
• Should have known about the harassment.
• Failed to take prompt and appropriate action to remedy the hostile work environment after learning about the harassment.

In addition to the liability the employer will retain, you may receive compensatory damages. This could include any lost wages as well as money spent seeking new employment.

Employers should initiate regular training sessions and establish clear, enforced policies against harassment to prevent workplace hostility. Understanding these preventative measures can add an extra layer of protection for employees and show that an employer has met their responsibilities properly.

Understanding New York's Hostile Work Environment Laws

New York State and New York City have regulations that provide robust anti-discrimination protections, ensuring that employees are safeguarded against hostile work environments. The New York State Division of Human Rights and the New York City Commission on Human Rights oversee these protections, which extend beyond federal laws like Title VII. Significantly, local laws require that harassment claims meet a lower threshold, not compelling the behavior to be pervasive or severe, thereby providing employees with more accessible avenues to seek justice.

For instance, under the New York City Human Rights Law, any adverse treatment or behavior does not have to result in a tangible workplace detriment like a demotion or significant change in employment status to be considered unlawful. This expansive understanding has empowered many individuals to come forward with claims that might not meet federal criteria but infringe on their sense of security or dignity at work. Such provisions aim to create safer and more inclusive workplaces, reflecting New York's commitment to worker rights.

Support and Resources for Victims

For those experiencing hostile work environments in New York, various resources are available for support and guidance. Local non-profits and advocacy groups and various employee rights organizations offer workshops and legal guidance sessions, often free of charge. These resources aim to educate workers about their rights, provide emotional and psychological support, and assist in navigating the complexities of filing a complaint.

Additionally, New York-based groups like Safe Horizon offer comprehensive support services. Accessing these services can be a crucial step for individuals who feel overwhelmed by the process and need professional guidance in understanding their legal options. Establishing a network of support not only provides immediate help but also strengthens one's position when pursuing legal action.

Act fast to connect with an experienced hostile work environment lawyer near you. Dial (212) 295-5828 or use our online form.

FAQs About Hostile Work Environments in New York

What Constitutes a Hostile Work Environment?

A hostile work environment is characterized by unwelcome conduct based on protected characteristics (such as race, sex, religion, or disability) that is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. It is important to note that in New York City, the threshold for proving a hostile work environment is lower compared to federal standards, allowing more employees to pursue claims effectively.

How Should I Document Incidents of Harassment?

Proper documentation is vital in building your claim. Keep a detailed log of each incident, noting the date, time, location, individuals involved, and specifics of the behavior. Include copies of any related communications, such as emails or text messages, and obtain witness statements if possible. This evidence can corroborate your account and strengthen your position in mediation or court proceedings.

What Steps Can I Take If HR Doesn’t Address My Complaints?

If your HR department fails to address your complaints adequately, consider escalating the matter to higher management or seeking help from external entities like the EEOC or the New York State Division of Human Rights. Consulting a New York City hostile work environment lawyer at  Brown Kwon & Lam can also provide you with a strategic pathway forward, ensuring that your rights are upheld and that you have access to guidance tailored to your situation.

Can I File a Complaint Anonymously?

While it is possible to file an anonymous complaint through certain channels, such as whistleblower hotlines or some non-profit organizations, doing so often limits what actions can be taken on your behalf. Anonymity may provide protection from immediate backlash but can complicate the investigation process. Discuss your options with a legal professional to weigh the benefits and drawbacks of anonymity in your specific circumstances.

What Compensation Is Available for Hostile Work Environment Claims?

Depending on the specifics of your claim, compensation for hostile work environment claims may include back pay, damages for emotional distress, and reimbursement for legal fees. In some cases, reinstatement to your position or policy changes within the company might also be sought. Your legal strategy, guided by experienced attorneys, will help determine the most appropriate remedies to pursue based on your experience and the impact on your professional life. Speak with an NYC hostile work environment attorney right away.

How Long Do I Have to File a Claim?

Typically, you have up to 300 days to file a charge with the EEOC or the New York State Division of Human Rights if your case falls under their respective jurisdictions. It is advisable to act promptly, however, as delays can complicate evidence gathering and weaken your position. Legal counsel will ensure you meet all necessary deadlines and address any jurisdictional nuances specific to your situation.

Who Can I Speak to for Help?

Navigating the complexities of a hostile work environment can be daunting, but you don’t have to face it alone. Consulting a New York City hostile work environment lawyer can provide insight into your legal options and rights. With a dedicated approach focused on accessibility and personal attention, Brown Kwon & Lam is committed to ensuring each client’s voice is heard. Connect with a hostile work environment lawyer in New York now.

Contact the New York City Hostile Work Environment Attorneys

Everyone is legally entitled to a safe work environment, including every protected class, group, and identity. You deserve to work with equal opportunities, rights, and safety. But when your employer allows a hostile work environment to continue, you deserve justice. We urge you to not quit your job until you speak with us, as it can negatively impact your claim.

If you believe that you were a victim of a hostile work environment, contact Brown Kwon & Lam, LLP.