NEW JERSEY HOSTILE WORK ENVIRONMENT ATTORNEY

Why Does the Law Prohibit Hostile Work Environments?

Federal and state anti-discrimination laws strive to make the workplace open to anyone who is qualified. To that end, these laws prohibit some classic types of discrimination, such as firing someone due to their sex or race or passing someone over for a promotion because of their religion.

But a hostile work environment is also a type of discrimination—and judges have recognized that fact for more than 50 years. A worker who faces pervasive offensive behavior targeting them is less likely to stay in the job. They might even feel pressure to quit. Hostile work environments are less attractive to applicants from protected classes.

No one should have to put up with harassing offensive conduct at work. The Supreme Court of the United States has said that a workplace full of discriminatory insults and ridicule changes the conditions of employment and is abusive.

How Much Offensive Conduct Makes a Workplace Hostile?

There is a misconception that any harassing conduct automatically makes the workplace hostile. But that’s not really the case. Instead, the conduct must be sufficiently pervasive or severe that a reasonable person would find the workplace hostile. As judges mention all the time, Title VII is not a “general civility code.”

The Equal Employment Opportunity Commission (EEOC) has said that a stray offensive joke or remark is not enough, by itself, to make a workplace hostile. So one off-color or even outright racist joke is probably insufficient. On the other hand, one instance of physical violence or intimidation might be enough.

Think of a sliding scale. Some conduct is so offensive that even one or two instances make the workplace hostile. By contrast, other conduct is less offensive, so it must happen repeatedly.

There is no mathematical formula used to determine when a workplace is so abusive that it is illegal. Judges or juries analyzing your case will rely on their own experience and common sense. Our New Jersey hostile work environment attorneys have read thousands of court decisions and can analyze how a court would view your case.

Can You Sue Your Employer for a Hostile Work Environment?

The purpose of hostile work environment claims is to seek compensation. Ideally, we can sue your employer, who should have deep pockets to pay a settlement.

• Employers are not automatically responsible for workplace harassment. Instead, employer liability depends on who is doing the harassing:
• Supervisor. When your boss’ harassment creates a hostile work environment, then you can sue the employer.
• Non-supervisory employees or non-employees. In this case, your employer is responsible only if they knew (or should have known) about the harassment and did not take prompt action to stop it.

For example, imagine if your coworkers are harassing you when your supervisor is not present. Your employer is not automatically liable because they don’t know about it. This is one reason why you should report the harassment using established grievance procedures. Reporting to Human Resources or your supervisor puts the company on notice that there is a problem. They must address the issue appropriately and promptly, otherwise, you could sue them if the hostile work environment continues.

Misconceptions about New Jersey Hostile Work Environments

This area of law is rife with confusion and misconceptions spread on the internet:

• You can’t sue unless you have a nervous breakdown or quit your job. That’s not true. The Supreme Court has said that a workplace is hostile well before it is so abusive that workers have a mental breakdown.
• A worker who hears an offensive joke has a harassment lawsuit. The test is whether a reasonable person would find the workplace hostile or abusive. Some people are naturally more sensitive.
• You can’t sue unless you are the target of the harassment. Actually, a workplace could be hostile even if no one says anything offensive to you. Imagine coworkers who tell sexist jokes all day and display pornographic images. Although they are not targeting any specific worker, the environment might very well feel oppressive and hostile.
• White employees can’t bring a hostile work environment claim. That’s inaccurate. We tend to think of racial minorities or women suffering the bulk of discrimination at work, and statistics bear that out. However the prohibition on racial harassment protects workers of all races. If you are being harassed because of your race, you might have a valid claim.

Contact our firm to obtain accurate advice tailored to the specific facts of your workplace. A New Jersey hostile work environment attorney will review.

How Our Law Firm Can Help

Our New Jersey employment lawyers are prepared to tackle a case from start to finish. For example, we can help you find evidence to show a workplace is hostile. The worker bears the burden of proving this fact. That means coming forward with evidence, such as:

• Witnesses who observed harassing conduct
• Harassing or intimidating voicemails or notes
• Offensive emails
• Pictures of any offensive images displayed at work

We will also determine whether to file a claim with the EEOC or the New Jersey Division on Civil Rights. In some situations, we might even be able to sue immediately in court. A key consideration is getting a complaint filed before the relevant deadline. Workers do not have an indefinite amount of time to protest a hostile work environment.

Our law firm will also discuss available remedies, such as compensation for emotional distress. If your employer fired you, then we can also seek backpay and other remedies.