New York Hostile Work Environment Lawyers

Fighting for Employees’ Rights in the Workplace

A hostile work environment exists when an employee is subjected to unwelcome conduct based on characteristics such as race, sex, national origin, or religion. Under federal law (Title VII of the Civil Rights Act of 1964), the conduct must be severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Under New York law, the conduct must result in inferior terms, conditions, or privileges of employment

The behavior can include offensive jokes, slurs, physical assaults, or threats. The standard is that a reasonable person would find the environment hostile, and it interferes with the employee’s ability to perform their job.

Legal Protections for Employees in New York: Hostile Work Environment

Employees in New York are protected from hostile work environments by both state and federal laws. Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL) prohibit discrimination and harassment based on race, gender, religion, national origin, age, and other protected characteristics.

What Behavior Constitutes a Hostile Work Environment in NY?

A hostile work environment can arise from various behaviors, including:

• Verbal harassment: Offensive jokes, comments, or slurs about an employee's race, gender, religion, or other protected characteristics.
• Physical harassment: Inappropriate touching, threatening behavior, or other physical acts.

Importantly, physical conduct is not a prerequisite for a hostile work environment claim in New York. Repeated, severe verbal abuse or threats can also create a legally actionable hostile work environment. The determining factor is whether the conduct is severe or pervasive enough to significantly impact the employee's work environment or result in adverse employment conditions.

Employees who believe they have experienced a hostile work environment can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights to seek remedies.

Proving a Hostile Work Environment in New York

An employee must show that they were subjected to unwelcome conduct based on a protected characteristic, and the conduct was severe or pervasive enough to create a hostile environment or resulted in inferior terms, conditions, or privileges of employment. This proof can include testimony from witnesses, documentation of the behavior, or other evidence showing that the conduct was ongoing. The employee must also show that they reported the behavior to the employer and that the employer failed to take adequate steps to stop it.

What are My Options if I’m in a Hostile Work Environment?

Employees experiencing a hostile work environment can file a complaint with the Equal Employment Opportunity Commission under Title VII or with the New York State Division of Human Rights under state law. They can also pursue a lawsuit in state court, or federal court after exhausting their administrative remedies. Remedies can include compensation for their lost wages, emotional distress, and punitive damages. Employers can be required to take corrective action to prevent future harassment.

Filing a Hostile Work Environment Claim in New York

Under federal law, an employee must first file a complaint with the Equal Employment Opportunity Commission. This is a required step before filing a lawsuit under federal law. The employee must file within 300 days of the last incident of harassment for claims under federal law. After filing, the agency will investigate the claim and may attempt to resolve it through mediation.

Under New York law, an employee is not required to file a claim with the New York State Division of Human Rights. Instead, an employee may commence a lawsuit in state court  seeking compensation for damages without the need of first filing a claim with the New York State Division of Human Rights.

How Long Do I Have to File a Hostile Work Environment Claim in New York?

New York employees have different deadlines for filing a hostile work environment claim depending on whether they choose to file under state or federal law. Under federal law (Title VII), an employee must file a complaint with the EEOC within 300 days of the last act of harassment. Under New York law, employees have three years to file a complaint with the New York State Division of Human Rights or in state court. These time limits are strict, so it’s important to speak with an experienced employment law attorney at Horn Wright, LLP, to file promptly.

What Happens After Filing a New York Hostile Work Environment Claim?

After filing a hostile work environment claim with the EEOC or the New York State Division of Human Rights, the agency will investigate the claim. Their investigation can include interviews with witnesses that worked there, review of documents relevant to the claims, and attempts to mediate the dispute. If the EEOC finds evidence of harassment, it may issue a “right-to-sue” letter, allowing the employee to file a lawsuit. If the agency doesn’t find sufficient evidence, the employee still has the right to pursue the case in federal court.

Do I Need to Report Harassment Before Filing a Hostile Work Environment Claim?

Employees are generally required to report harassment to their employer before filing a hostile work environment claim. Employers have to be given an opportunity to address the harassment through internal procedures. 

While it's generally advisable to report workplace harassment to your employer, in cases where the harasser is your supervisor, you may not be required to initially complain directly to them due to the potential for retaliation and the employer's strict liability for supervisory harassment. 

If the employer fails to act, or if the employee believes reporting the harassment will result in retaliation, the employee can file a claim with the EEOC or the New York State Division of Human Rights. Failure to report the harassment can severely weaken the employee’s claim at a later stage of the process.

What are the Remedies for a New York Hostile Work Environment Claim?

Remedies for a hostile work environment claim include compensation for lost wages, emotional distress, and punitive damages. The employee can also receive compensation for medical expenses related to the harassment if it was severe enough to require medical care. 

Employers can be required to implement new policies to prevent harassment in the future or reinstate employees who were terminated as a result of the harassment. In some cases, depending on the underlying facts of the case, employers may also be required to pay the employee’s attorney fees.

Retaliation and Workplace Harassment

Retaliation occurs when an employer takes adverse actions against an employee for filing a hostile work environment claim or simply making an informal complaint to a supervisor or your employer’s human resources department. It can take many forms, but usually includes firing the employee, demoting them, reducing their hours, or creating new, unwelcome working conditions. Retaliation is illegal under both federal and New York State law. Employees who experience retaliation after filing a claim may have grounds for a separate legal action.

Responding to Retaliation

If you experience retaliation after filing a hostile work environment claim, you should document the retaliation and notify your employer’s human resources department. You can also file a retaliation claim with the EEOC or the New York State Division of Human Rights. Retaliation is technically a separate violation of employment law, and you can be compensated for any additional harm caused by the employer’s actions, such as lost wages and emotional distress.

Adding Retaliation to Your Claim

If an employee experiences retaliation after filing a hostile work environment claim, they can amend their claim to include retaliation. This is done by your lawyer notifying the EEOC or the New York State Division of Human Rights. The retaliation claim will also be investigated alongside the original harassment claim, and employees can seek additional damages for the retaliation. These damages will include your lost wages, emotional distress, and potential punitive damages if the conduct was severe enough.

Legal Protections Against Retaliation in NY Workplace

Federal law, under Title VII of the Civil Rights Act of 1964, and the New York State Human Rights Law, protect employees from retaliation after filing a hostile work environment claim. Both the federal and New York laws prohibit employers from taking adverse actions against employees for reporting harassment. Employees who experience retaliation can file a complaint with the EEOC or the New York State Division of Human Rights. They can also file a lawsuit seeking compensation for damages.

Proving Retaliation After a Hostile Work Environment Claim in New York

To prove retaliation, an employee must show that they engaged in a protected activity, such as filing a hostile work environment claim, and that the employer took adverse action as a result. That evidence can include documentation of the adverse action, such as termination or demotion, and the timing of the employer’s response after the claim was filed. Witness testimony and internal communications can also help demonstrate that the retaliation occurred because of the employee’s complaint.

Outcomes of a Hostile Work Environment Case in NY

If you win a hostile work environment claim, the court may award you compensation for lost wages, emotional distress, and other damages. The employer can also be required to implement new policies to prevent harassment in the future. 

Depending on the case, the court may award punitive damages to punish the employer for egregious conduct. Employers may also be ordered to reinstate employees who were wrongfully terminated due to harassment.

What Are the Consequences of Losing a Hostile Work Environment Claim in New York?

If you lose a hostile work environment claim, you won’t receive compensation for your damages, and the employer may not be required to make changes to the workplace. In some cases, losing the claim can also result in the employee being responsible for their own legal fees. However, losing a claim doesn’t prevent the employee from filing other claims if new evidence of harassment or retaliation arises in the future.

Can I Appeal the Decision in a Hostile Work Environment Case in New York?

If you lose a hostile work environment case, you’ll have the right to appeal the decision. The appeals process involves reviewing the trial court’s record to determine whether any legal errors were made. An appellate court will review the case and may order a new trial or reverse the original decision. Appeals are often based on errors in applying the law or in admitting evidence during the trial.

Can an Employer Be Required to Change Workplace Policies After a Hostile Work Environment Case?

Employers can be required to change their workplace policies following a successful hostile work environment claim. The court or regulatory agency may order the employer to implement new anti-harassment training, revise policies regarding harassment reporting, or take other steps to prevent future incidents. In some cases, the employer may also be required to monitor the workplace more closely to ensure compliance with anti-harassment laws. These changes can improve the overall work environment for all employees.

Do I Need a Lawyer to File a Hostile Work Environment Claim in New York?

While you don’t technically need a lawyer to file a hostile work environment claim, having legal representation can improve your chances of success. Employment law is complex, and a lawyer can help you navigate the process, gather evidence, and file the necessary paperwork with the EEOC or New York State Division of Human Rights. An attorney can also represent you in negotiations with your employer or in court if your case goes to trial.

How Can a Lawyer Help Me Prove a Hostile Work Environment in New York?

An experienced employment lawyer at Horn Wright, LLP, can help you gather and present the evidence you need to prove a hostile work environment. This evidence can include witness statements, documentation of incidents, emails or other communications, and any records of complaints made to your employer. 

An employment lawyer can also help you build a timeline of events and demonstrate how the harassment affected your work environment. Additionally, a lawyer can negotiate with your employer to reach a settlement or represent you in court if the case goes to trial.

How Long Does a Hostile Work Environment Case Take to Resolve?

The time it takes to resolve a hostile work environment case depends on the complexity of the case, the amount of evidence involved, and whether the case is settled or goes to trial. Some cases are resolved within months, if the employer is willing to settle. If the case goes to trial, it can take a year or more to reach a final resolution.