When Does a Work Environment Become Hostile under New York and Federal Employment Law?
In New York City, employees are protected from sexual harassment by the most powerful anti-discrimination law in the United States. Under NY law, supervisors may be held personally liable for harassing employees or aiding and abetting in such harassment. If you have been victimized by sexual harassment on the job in New York, it is essential that you retain a lawyer who is experienced and fully understands the unique laws that protect victims of gender discrimination and sexual harassment in New York. The key to proving sexual harassment is to save and protect emails, texts, and other communications, and retain an experienced harassment lawyer who fully understands New York employment law.
To create a hostile environment under NY law, unwelcome conduct based on a protected status must meet two additional requirements: (1) it must be subjectively abusive to the person(s) affected, and (2) it must be objectively severe or pervasive enough to create a work environment that a reasonable person would find abusive. An experienced New York sexual harassment lawyer will assist you in developing the evidence and testimony required to meet the legal standard for sexual harassment under New York employment law.
To determine whether behavior is severe or pervasive enough to create a hostile environment, the finder of fact (a court or a jury) considers these factors: the frequency of the unwelcome discriminatory conduct; the severity of the conduct; whether the conduct was physically threatening or humiliating; whether the conduct interfered with work performance; whether the conduct unreasonably interfered with work performance; the effect on the employee's psychological well-being; and whether the harasser was a superior in the organization. The vast majority of sexual harassment cases settle before trial. The amount of your settlement depends on a variety of factors, including the experience and skill of your employment lawyer. If you have been victimized by harassment at your job, call us today for a consultation: Ph (212) 382-1600.