To foster a healthy work culture and the well-being of employees, an inclusive and supportive work environment is vital. In contrast, hostile or harassing incidents could deteriorate a harmonious work culture and render employees distressed. In New Jersey, when employees feel mistreated or injured in a hostile work environment, there are solid legal tools for them to utilize for self-protection and restitution.
What is a Hostile Work Environment?
A hostile work environment is a situation in which an employee feels uncomfortable, intimidated, or distressed due to unwelcome conduct by supervisors, co-workers, or even clients. This environment can be caused by various forms of harassment, including verbal, physical, and visual conduct that offends the employees or interferes with their work performance.
For a work environment to be legally deemed hostile, the behavior must be severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
A hostile work environment is not just about occasional teasing or isolated incidents but must be severe or persistent and must significantly disrupt an employee’s work or create an intimidating, offensive, or abusive working environment. Understanding the nuances of what constitutes a hostile work environment is crucial for employees to recognize when their rights are being violated and to enable them to take appropriate action.
Can You Sue Your Employer for a Hostile Work Environment in New Jersey?
In New Jersey, employees could resort to both federal law (Title VII of the Civil Rights Act of 1964 – Title VII) and state law (New Jersey Law Against Discrimination – NJLAD) for claims of a hostile work environment against their employers. To raise any legal claims of hostile work environment, the employee must show sufficient hostility or discrimination based on a protected characteristic. To hold an employer liable, the employee generally must also show that the employer knew or should have known about the harassment and failed to take appropriate corrective action.
Before filing a suit for a hostile work environment, an employee should use all internal reporting procedures at their company. Failure to do so may hurt their ability to later prevail in court or before a government agency. In addition, employees should also know that there are deadlines to bring a hostile work environment claim under relevant statutes. Title VII has a statute of limitations of 300 days to file an Equal Employment Opportunity Commission Charge alleging discrimination, while New Jersey state law allows for a period of two years.
How to Prove a Work Environment is Hostile?
To establish the claim of a hostile work environment under Title VII, the employee must produce enough evidence to show that the workplace was permeated with discriminatory intimidation, ridicule, and insult, that was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.
Under the NJLAD, employees are protected from discrimination and harassment based on race, color, national origin, sex, gender identity, sexual orientation, disability, age, and several other protected characteristics. When an employer fails to address or prevent harassment that creates a hostile work environment, they can be held legally accountable. To determine hostility or discrimination arising out of different causes, the employee must show: (1) that the harassing conduct would not have occurred “but for” the protected characteristic, and that (2) the conduct was so severe or pervasive that (3) a reasonable person of the group sharing the protected characteristic would believe that (4) the conditions of employment are altered and the working environment is hostile or abusive. This assessment requires an examination of the totality of the circumstances based on the cumulative effect of the individual acts.
Employees should document all instances of harassment, including dates, times, locations, and details of the incidents. Keeping records of any communications, such as emails, texts, or voicemails, that contain offensive content can also be critical.
Witnesses can play a significant role in substantiating claims of a hostile work environment. If co-workers observed the harassment, their statements could support the employee’s case.
Additionally, any formal complaints made to the employer, such as reports to HR or management, should be documented. This demonstrates that the employer was aware of the situation and failed to take appropriate action. Consulting with an experienced employment attorney can help employees gather the necessary evidence and build a strong case.
Contact Our Experienced Employment Attorneys Today
If you’re facing discrimination, harassment, bullying, or abuse in your workplace, it’s important not to remain silent. Standing up for yourself and your colleagues is essential to protecting your rights and stopping harmful behavior. Consulting with an experienced employment attorney can help employees understand their rights and the best course of action
Contribution to this blog by Lily Harrison.
