You likely spend a great deal of time at work in New Jersey, and you deserve to feel safe and comfortable in that workplace. Unfortunately, an employer or fellow employee can make a work environment hostile — and that is where an employment law attorney from NJ Employment Lawyers LLC can make all the difference.
If you or a loved one has been the target of harassment in a hostile work environment, you may be entitled to damages. Our knowledgeable employment attorneys can fight to protect your rights. Contact NJ Employment Lawyers LLC today to schedule a consultation and learn more about how we can assist you.
What is a hostile work environment?
A hostile work environment is one where an employee experiences harassment that causes them to feel intimidated. Usually, when an individual works in a hostile environment, they fear going to work, which could substantially interfere with their job performance.
Creating a hostile work environment is one of the two most common types of sexual harassment. However, sexual harassment is only one kind of harassment a person can experience to create a hostile and oppressive working environment.
Harassment is usually based on a protected class trait, including gender, sex, or disability. Harassment of any individual in a protected class is illegal.
Usually, upsetting someone or hurting someone’s feelings would not be enough to violate the law. Instead, a person’s behavior should be enough to instill fear in their victims or make them feel particularly uncomfortable on multiple or repeated occasions.
Common Examples of Hostile Work Environments
Both words and actions can create a hostile work environment. Some common examples of unwelcomed behaviors in the workplace include:
- Slurs, insults, and name-calling
- Inappropriate comments or jokes
- Aggressiveness
- Ridiculing
- Threats and intimidation
- Unprofessional touching
- Requests for sexual favors
When a harasser engages in any of the above conduct, they usually do so with the intention of making their victim feel negative emotions, including fear and intimidation.
Laws Protecting Against Hostile Work Environment
Both federal and state laws protect employees from experiencing a hostile work environment.
While there is no federal law that alludes to a hostile work environment directly, there are several federal laws in place that pertain to harassment. Depending on the basis of your harassment, you can seek a remedy under:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Genetic Information Nondiscrimination Act (GINA)
In New Jersey specifically, the New Jersey Law Against Discrimination (NJLAD) protects employees from experiencing discrimination and harassment at work, including that of a hostile work environment.
Filing a Complaint for Harassment
Depending on your circumstances, you can pursue a resolution to your issues under federal law or state law against discrimination.
For complaints under federal anti-discrimination laws, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date of the harassment. Filing a complaint under federal laws is typically better for employees of large companies or governmental agencies.
In New Jersey, you can file a complaint under NJLAD state law with the Division of Civil Rights (DCR) within 180 days. Alternatively, you can file a claim with the Superior Court no later than two years from the date of the harassment.
Because several avenues are available, it is best to discuss your situation with a qualified employment attorney. A lawyer can provide personalized guidance and determine the best way to pursue damages for the wrongs you have suffered.
Proving Hostile Work Environment in New Jersey
To establish your claim of harassment in a hostile work environment under New Jersey Law, you must prove certain details. For example, you will need to demonstrate that the harassment in question would not have occurred if not for your protected characteristic under the law’s protected classes.
Additionally, you will need to show that the harasser’s behavior was severe enough to make a reasonable person in your protected class believe that the work environment was hostile and altered the conditions of employment.
Proving a claim for a hostile work environment can be challenging, as it can be difficult to establish that your harasser’s behavior meets New Jersey’s standards. This is one of the reasons why it is so helpful to have an experienced attorney handling your case.
Contact a Seasoned Employment Attorney in New Jersey Today
At NJ Employment Lawyers LLC, we are passionate about fighting for our clients who have been wronged by their employers.
Our legal team is passionate about pursuing justice and compensation for individuals who have experienced hostility in their work environments. We have experience handling cases at both the state and federal levels and always try to go the extra mile for our clients.
If you have been subject to a hostile work environment, do not wait to take action. Contact us today to schedule your consultation with a skilled employment attorney in New Jersey.