Workplace Harassment & Hostile Work Environment Claims

Unfortunately, discrimination in the workplace is all too common, but what exactly is a “hostile work environment”? Generally, a hostile work environment is one in which an employee is subjected to egregious and negative treatment because of their age, race, gender, national origin, disability or sexual orientation.

An employee who is subjected to severe or pervasive offensive and discriminatory conduct that effectively alters the conditions of their employment or makes it intolerable to continue their job can harness the power of the courts and various government agencies to put an end to the abuse and reverse any harm they have suffered. The factors to be consider in determining whether a “hostile work environment” exists are: the frequency and severity of the discriminatory conduct; whether the conduct is physically threatening, humiliating, or merely an offensive utterance; whether the discrimination unreasonably interferes with an employee's work performance; and the impact the discrimination has had on the employee’s psychological and physical well-being. The courts also use both an objective standard – what a reasonable person would think about the conduct – and a subjective standard – what the particular victim actually thought about the conduct – in determining whether the work environment is sufficiently “hostile” for government intervention.

If you feel like your job is a “hostile work environment," or that you have been the victim of harassment, you can contact us at 212.425.4250 or by this online form for a confidential consultation about how we can help.