In New York and New Jersey, workplace harassment is a form of unlawful discrimination or retaliation. In the employment law context, it occurs when someone discriminates or retaliates against you by making your job a hostile work environment for an illegal reason.
Workplace harassment is legally actionable only if it is so severe or pervasive (frequent) that in effect it changes the terms and conditions of your job. So, for example, one extremely serious act of harassment at your job can be illegal. But more commonly it is a series of relatively minor actions over a period of weeks, months or years that combines to create a hostile work environment.
We understand that, whether you work in New York or New Jersey, workplace harassment can be extremely disruptive to your job and your life, and often causes severe emotional distress. In fact, if it is serious enough, or continues for a long enough period, it even can force you to leave your job in what is called a “constructive discharge.”
If you have been the victim of harassment at your job in New Jersey or New York, we can help. Please contact us at (973) 740-4000.What Forms of Harassment Are Legally Actionable?
Not all harassment is illegal. Rather, the harassment has to be motivated by an illegal reason. For example, both New York and New Jersey prohibit racial harassment. Similarly, in both states harassment at work is prohibited if it is based on your age, color, gender, marital status, mental or physical disability, national origin, pregnancy, religion, sexual orientation or veteran or military status. Harassment also can be unlawful if it is a form of unlawful retaliation, or if it violates certain other employment laws like a state or federal wage and hour laws or the Family & Medical Leave Act (FMLA).What Are Common Examples of Harassment?
Harassment can take many different forms. For example, it can include the use of derogatory or offensive comments and jokes, stereotypes, names and other behavior that is insulting or derogatory. It also can include assigning you work that is undesirable or inconsistent with your job title and experience, such as assigning you to perform menial tasks without justification.
Likewise, a hostile work environment can include unfair negative performance evaluations, over-scrutinizing or nitpicking your job performance or isolating you from your coworkers. Yet another common form of harassment is threatening and intimidating behavior, such as unwarranted yelling or threats of physical violence. Many other types of negative conduct can be part of a hostile work environment if it is directed at you because of your age, gender, race, disability or the fact that you are in another legally protected category.What is Sexual Harassment?
Sexual harassment is harassment that occurs because of the fact that you are a woman or a man. Sexual harassment often is sexual in nature. However, it is illegal to harass someone because of his or her gender even if it is not sexual all. More information is available on our sexual harassment page.Hire an Experienced Employment Lawyer
You should not have to work in a hostile work environment. If you have been harassed at work in either New Jersey or New York, our employment law attorneys can help. We invite you to call us at (973) 744-4000, or to contact us by filling out our online form.